Neurotechnology has moved from the lab into everyday life. Devices such as EEG headsets, brain-computer interface wearables, and implantable technologies now generate vast amounts of neurodata as people monitor their health, play games, learn, and work.

In today's algorithmic age, neurodata is no longer just a medical curiosity—it has become a critical resource powering personalized medicine, adaptive technologies, and even targeted advertising. When properly curated, neurodata becomes a strategic asset and is increasingly central to the digital economy. As artificial intelligence continues to shape our world, the value and influence of neurodata—and data more broadly—will only continue to grow.

Data ownership and the limits of current IP strategies

As neurodata becomes a key input for new products and services, questions of ownership and control become more pressing. Companies often treat neurodata as a proprietary asset, integrating it into their intellectual property strategies alongside software, algorithms, and other datasets. However, the current legal framework for asserting rights in neurodata and other forms of data remains fragmented. Companies typically rely on privacy and IP laws that were not designed for the realities of the algorithmic age.

For instance, copyright and patent laws were created to encourage the disclosure of expressive or technological outputs, not to govern ownership of the data inputs that fuel machine-learning systems. Aside from moral rights, IP law generally severs the bond between creator and creation. This approach is not well-suited to neurodata, which carries enduring identity value and may require a more personal, non-waivable stake.

A possible path forward: Individual asset class, new IP rights, and licensing

To encourage meaningful human participation in the algorithmic age, one possible approach could be to recognize neurodata and other personal data as an asset class owned by individuals. Inspiration for this idea can be drawn from recent Danish legislation that expands copyright to cover personal information, such as one’s face and voice, in an effort to address deepfakes. Under such a model, it might be worth considering the creation of new IP rights or the expansion of existing ones to protect neurodata and other human contributions.

In this scenario, individuals could retain a non-transferable, inalienable interest in their raw neural signals, while companies might hold transferable, time-limited rights in the models and insights derived from that data, provided they meet transparency and licensing requirements. Licensing mechanisms, such as blockchain-based smart contracts, could potentially empower individuals to control access to their neurodata and receive financial returns when their data is used in commercial products or services.

This approach could allow people to participate in the value chain, ensure ongoing consent and oversight, and create new opportunities for fair compensation in the digital economy.

By treating neurodata as a personal asset and enabling automated, auditable licensing, society might foster innovation while respecting the dignity and economic interests of the individuals whose minds generate this data. Recognizing an inalienable right in raw neural signals could help address the unique personal dimension of neurodata, while transferable, time-limited rights in derived analytics would preserve companies’ incentives to develop new therapeutic devices, adaptive-learning engines, or neuro-ergonomic applications. Automated licensing via blockchain could minimize transaction costs, avoid the collective-action problems of individual bargaining, and provide regulators with an auditable trail for compliance.

Ultimately, a forward-looking framework should avoid consigning neurodata to a pure commons or locking it behind perpetual corporate silos. By separating personal entitlement in raw signals from time-limited, tradable rights in downstream analytics—and by operationalizing that distinction through blockchain-enabled licensing—such a framework could foster an innovation ecosystem that rewards ingenuity while honoring the dignity, autonomy, and economic interests of the individuals at the heart of the data beneath the skull.

Safeguarding IP assets

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