ABSTRACT. Brain-computer interfaces (BCIs) are emerging neurotechnologies that enable direct communication between the human brain and external devices, with applications in healthcare, rehabilitation, and smart governance. This research explores the ethical and regulatory implications of BCIs, focusing on their potential to transform governance through brain data analytics while addressing associated risks. BCIs have advanced significantly, with non-invasive systems aiding over 1,000 patients globally in neuroprosthetics by 2023 and invasive BCIs achieving 90% accuracy in motor control for paralyzed individuals. In governance, BCIs could optimize decision-making, but their integration raises concerns about privacy, consent, autonomy, and equity. Surveys indicate 60% of users fear neural data misuse, highlighting the need for robust safeguards. The absence of global regulatory standards exacerbates risks, with only 10% of African nations having neurotechnology policies. Ethical issues provided are ambiguous process of consent, unawareness of trial participants about data use (30 percent of trial participants are unaware of data use), unfair access as 80 percent of BCI trials take place in richer areas. Such solutions therefore include the development of proposed solutions such as neurorights and governance of ecosystems that merely exist as theories because they are not enforceable. This paper is a critical review of the contemporary literature, which highlights the areas of equity-oriented research and real-life regulatory practices. It makes the case of inclusive frameworks that come first with mental privacy, informed consent, and equal opportunities to make BCIs useful to the society without leading to any dystopian future. Through the system of innovation and ethical regulation, this study proposes policies to help realize the potential of BCI in smart governance without using the technology to infringe on the rights of individuals and lead to a sustainable future where neurotechnology will be used to help people in a responsible way.

Keywords: brain-computer interfaces; neurotechnology; smart governance; ethics; privacy; consent; regulation; equity

How to cite: Almășan, C. M. (2023). “Neurotechnology and Smart Governance: Ethical and Regulatory Implications of Brain–Computer Interfaces,” Smart Governance 2(2): 22–37. doi: 10.22381/sg2220232.

Received 17 February 2023 • Received in revised form 24 June 2023
Accepted 26 June 2023 • Available online 28 June 2023