Brain-Computer Interfaces and the Protection of the Fundamental Rights of the Vulnerable Persons

The contribution deals with the legal aspects of the brain-computer interfaces (BCI) and, in particular, of those used for the assisted and augmented communication of subjects not able to express themselves with eye-controlled devices. The chapter outlines the constitutional rights involved in the use of BCI, the European discipline applicable to their manufacture and, taking into consideration an Italian case-law, which seems to be extensible to other legal families, wonders the possible legal regime of the personal will expressed through those BCI so to protect vulnerable persons from abuse.