Document Type

Article

Publication Date

6-2026

Abstract

Brain-computer interface implants allow patients with degenerative neurological conditions to control robotic limbs or electronic devices through neural commands alone and suppress Parkinson's tremors or seizures in real time. These implants record neural signals millisecond-by-millisecond from electrodes implanted in the brain.

Nevertheless, BCI manufacturers have argued that this data falls outside the scope of HIPAA's Privacy Rule. Existing legal scholarship also seems to have accepted this as true.

This paper challenges that conclusion. It rebuts and considers manufacturers’ counterarguments, concluding that patients have a right to their pre-processed neural telemetry under HIPAA's right-of-access provision.

Comments

This paper won second place in Cornell Law Library's 2026 Cantwell competition for exemplary student research, recognizing exceptional student papers for their innovative ideas, intellectual depth, and rigorous research.

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