by Karen Herrera-Ferrá
Around the World Series in Mexico: On 16 July 2024, Mexico introduced the General Law on Neurorights and Neurotechnologies Bill (GLNN), a 200-page document with 92 new articles and 35 modifications adapted contextually within the entire regulatory system, and to the realities of the country.
Some inquiring minds will probably wonder how such an ambitious and comprehensive regulatory model has been developed in a country that does not have a multi-billion-dollar brain project like the US, the EU, Australia, Canada, South Korea, Japan or China. A country that is primarily a consumer - rather than a producer - of neurotechnologies and artificial intelligence (AI). And the answer lies in the political will of one visionary senator: Alejandra Lagunes Soto Ruiz.
The objective of this law initiative is to address the benefits, opportunities, challenges, risks and threats posed by neurotechnology and AI with the needs and realities of Mexico and considering national and international efforts in the field.
Some of the national needs and realities can be summarized as: the neurotechnology currently used (such as advanced neuroimaging; invasive and non-invasive neuromodulators; etc.), the poor allocation of resources and regulation in mental health care and research, and its unique geopolitical position in the global market.
Local concerns regarding the regulation, enforcement, compliance and monitoring of the use of neurotechnology, in particular neuromodulatory devices and techniques, have been reported previously.1
As for Mexico's geopolitical and commercial position, which influences the rapid and steady consumption of many advanced, innovative and novel goods including neurotechnologies and AI, it is because it is actively integrated into the global market, specifically by being part of the United States-Mexico-Canada Agreement (USMCA) that enables economic trade and opportunities for all three North American countries. For Mexico, the import of advanced, innovative and novel technology, and for Canada and the US, labor, as it has always been cheaper in Mexico and therefore attractive for many companies to manufacture technology (such as automobiles) at a much reduced cost compared to the rest of North America.
Therefore, the rapid movement of neurotechnology and AI into the country, the urgent need to address mental health concerns, the plausible movement of neurotechnology manufacturing facilities from the US and Canada, and the lack of regulatory frameworks to protect the Mexican population, called for urgent action.
As a result, senator Lagunes Soto Ruiz created a team of interdisciplinary experts from Mexico, Spain and Argentina to address these concerns. This team devoted many hours to key dialogues, discussions and decision-making to enable and encourage the prudent, responsible and responsive development, acquisition, commercialization and use of neurotechnology and AI.
Decision-making during this bill focused on guaranteeing the benefits and protection of three domains: the nervous system (commonly referred to as the ‘brain’), the mind and the person:
The nervous system refers to the matter inside the skull and each and every nerve in the body that connects (i.e. enters and exits information) to it.
The mind, considered as the brain's expression of processes related to emotions, thoughts, behaviors, decision-making, free will, empathy, morality and, in essence, many traits that are considered characteristic of a person.
And the person as the recipient of human dignity and human rights.
Thus, concepts such as neurotechnology, neurorights, cyberneurosecurity, and neural data were developed by being explicit about the nervous system-mind-person trilogy and, within an ethical framework, expanding the scope and protection of existing human rights. This framework focuses on dignity, transparency, integrity, non-discrimination, fairness, trustworthiness, responsiveness, privacy, identity, autonomy, security and consent, among others. Additionally, this bill aligns with the United Nation’s Sustainable Development Goals (SDGs), namely:
SDG 3 Good health and well-being: Mental health coverage and promoting health financing and the recruitment, development, training of the health workforce.
SDG 8 Decent work and economic growth: Promote development-oriented policies that support productive activities, decent job creation, entrepreneurship, creativity and innovation, and encourage the formalization and growth of micro-, small- and medium-sized enterprises.
SDG 9 Industry, innovation and infrastructure: Fosters innovation; Enhance scientific research, upgrade the technological capabilities of industrial sectors.
SDG 10 Reduce inequalities within and among countries.
SDG 16 Peace, justice and strong institutions: Promote peaceful and inclusive societies for sustainable development; promote and enforce non-discriminatory laws and policies for sustainable development.
Therefore, the creation of this bill sets an international precedent as a pioneering, extensive and comprehensive law that can serve as a potential model for the realization of regulatory frameworks on the protection of human rights in the face of emerging threats from neurotechnology, AI and Big Data.
* For further information, please visit the next web addresses:
AI for Good: Advancing AI, Neurotech, and Cybersecurity: Mexico’s Neurorights Bill https://www.youtube.com/watch?v=ep0Nv1M_F8g
The Lancet Psychiatry: The regulation of neurotechnology: the neurorights bill in Mexico https://www.thelancet.com/journals/lanpsy/article/PIIS2215-0366(24)00286-4/abstract
Mexican Senate: http://sil.gobernacion.gob.mx/Archivos/Documentos/2024/07/asun_4765214_20240717_1721235743.pdf
Herrera-Ferrá K, Nicolini H, and Giordano J (2020). Professional attitudes toward the use of neuromodulatory technologies in Mexico: Insight for neuroethical considerations of cultural diversity. CNS Spectrums. https://doi.org/10.1017/S1092852920002151