El consentimiento informado en el marco de la neurotecnología

Abstract

Neurotechnology offers significant therapeutic potential in addressing severe diseases and disabilities. However, their ability to access and alter mental processes creates risks to privacy, integrity, and the psychological continuity of individuals, which has fueled the debate on the limits that should be imposed on these new techniques. Within this framework, there is no doubt that informed consent remains the cornerstone for legitimizing any healthcare intervention and stands as an essential guarantee of patient autonomy. Its application in the context of neurotechnology, however, raises specific challenges stemming from the uniqueness of the brain as the organ that constitutes personal identity and from the uncertainty surrounding the effects of these techniques. It is therefore necessary to review the general rules related to this principle, both regarding its limits and in relation to the content of the prior information that must be provided to the patient, the way consent is given, and the rules concerning the person entitled to consent.