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Beyond Classification: Developing Legal Protections for Neurotechnology

April 8, 2026 | Brandon Connor, JD Candidate, Osgoode Hall Law School; M. Imtiaz Karamat, Associate Lawyer, Deeth Williams Wall LLP

Neurotechnology is rapidly moving from clinical laboratories into everyday consumer life. Devices capable of monitoring, interpreting, and potentially influencing neural activity are no longer speculative; they are already marketed for wellness, productivity, and entertainment. As these technologies proliferate, so too does the collection of neural data, which may reveal deeply personal aspects of cognition, emotion, and behaviour. Regulators across jurisdictions have begun reacting to this changing landscape, with several attempting to classify neural data within existing privacy frameworks or create new legal categories altogether. Yet an emerging concern is that classification alone may be insufficient to address the broader risks posed by neurotechnology. This article explores how different legal systems are approaching neural data and why a more comprehensive regulatory framework may be necessary.

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