{"title":"Neural personal information and its legal protection: evidence from China.","authors":"Bin Wei, Shuyao Cheng, Yang Feng","doi":"10.1093/jlb/lsaf006","DOIUrl":null,"url":null,"abstract":"<p><p>The rapid advancements in neuroscience highlight the pressing need to safeguard neural personal information (NPI). China has achieved significant progress in brain-computer interface technology and its clinical applications. Considering the intrinsic vulnerability of NPI and the paucity of legal scrutiny concerning NPI breaches, a thorough assessment of the adequacy of China's personal information protection legislation is essential. This analysis contends that NPI should be classified as sensitive personal information. The absence of bespoke provisions for NPI in current legislation underscores persistent challenges in its protection. To address these gaps, this work proposes the establishment of a concentric-circle hard-soft law continuum to support a hybrid governance model for NPI, rooted in fundamental human rights principles.</p>","PeriodicalId":56266,"journal":{"name":"Journal of Law and the Biosciences","volume":"12 1","pages":"lsaf006"},"PeriodicalIF":2.5000,"publicationDate":"2025-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11998663/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and the Biosciences","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1093/jlb/lsaf006","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/1/1 0:00:00","PubModel":"eCollection","JCR":"Q1","JCRName":"ETHICS","Score":null,"Total":0}
引用次数: 0
Abstract
The rapid advancements in neuroscience highlight the pressing need to safeguard neural personal information (NPI). China has achieved significant progress in brain-computer interface technology and its clinical applications. Considering the intrinsic vulnerability of NPI and the paucity of legal scrutiny concerning NPI breaches, a thorough assessment of the adequacy of China's personal information protection legislation is essential. This analysis contends that NPI should be classified as sensitive personal information. The absence of bespoke provisions for NPI in current legislation underscores persistent challenges in its protection. To address these gaps, this work proposes the establishment of a concentric-circle hard-soft law continuum to support a hybrid governance model for NPI, rooted in fundamental human rights principles.
期刊介绍：
The Journal of Law and the Biosciences (JLB) is the first fully Open Access peer-reviewed legal journal focused on the advances at the intersection of law and the biosciences. A co-venture between Duke University, Harvard University Law School, and Stanford University, and published by Oxford University Press, this open access, online, and interdisciplinary academic journal publishes cutting-edge scholarship in this important new field. The Journal contains original and response articles, essays, and commentaries on a wide range of topics, including bioethics, neuroethics, genetics, reproductive technologies, stem cells, enhancement, patent law, and food and drug regulation. JLB is published as one volume with three issues per year with new articles posted online on an ongoing basis.
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