The Ibero-American Data Protection Network (RIPD) has adopted a reference document on the enhanced safeguards required for the processing of neurodata in non-health contexts.
This document, driven by a working group coordinated by the Spanish Data Protection Agency (AEPD), establishes a common position on the risks of neurotechnologies in sectors such as education, employment, or advertising. It asserts that any neurodata related to an identifiable person constitutes personal data warranting enhanced protection. Consent is presented as a fragile legal basis, which should not be valid when the processing is likely to alter or manipulate the individual's behavior.

Regarding transparency, information must be provided about the neurodata collected, the inferred mental or behavioral states, as well as their scientific basis and reliability. The document identifies uses that could justify a legal prohibition, notably subliminal or deceptive processing, profiling for non-medical purposes, inference of emotions in a professional or educational setting, or exploitation of individuals' vulnerability, particularly minors.