José Manuel Muñoz, researcher of the group 'Mind-Brain Group' of the Institute for Culture and Society (ICS) of the University of Navarra, participates as advisor in a project of law to incorporate the protection of neuro-rights in two articles of the Criminal Procedural Code of Argentina. The advisors debate on the limit of the use of neurotechnologies or the data obtained through them: the right to mental privacy, to cognitive freedom and the right to protection against bias and discrimination must be taken into account. 

The first of these articles establishes that, for the correct resolution of a criminal case, dataobtained through brain imaging techniques and/or any other technology subject can be used only when there is a court order and when the person gives their explicit consent, having been previously informed of its purposes and scope. 

In the second article, which establishes that custodial sentences - which should aim at social reintegration - may make use of appropriate interdisciplinary means of treatment as long as they do not violate constitutional rights or guarantees and also respect the neuro-rights of the person.

Again, the right to mental privacy must be respected, and the person's brain datamust not be accessed except with a court order and explicit consent. It must also be ensured that no discriminatory bias, either cognitive or algorithmic, is applied in the interpretation of these data.