Neurorights in Switzerland: Hype or Need? Mental Privacy and Integrity in the Age of Neurotechnology

Alexandre Jotterand, Neurorights in Switzerland: Hype or Need?, in: Jusletter, 29 September 2025

Abstract (AI generated)

Neurotechnology is moving from labs to daily life, enabling unprecedented access to — and even alteration of — our thoughts and mental states. This article examines whether Switzerland should introduce new «neurorights» to safeguard mental privacy and integrity, or whether existing legal frameworks, if applied appropriately, already provide sufficient protection. It concludes that no compelling case currently exists for the creation of new constitutional neurorights, but that targeted legislative refinements are warranted, such as the express classification of mental data as sensitive personal data and ensuring that regulatory frameworks address the convergence of neurotechnology and artificial intelligence. Such regulations should remain technology-neutral to address risks posed not only by neurotechnology but also by other emerging technologies.