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Abstract: The increasing commercialisation of human Information and Communication Technology (ICT) implants has generated heated debate over the ethical, legal and social implications of their use. Despite stakeholders calling for greater policy and legal certainty within this area, gaps have already begun to emerge between the commercial reality and the current legal frameworks designed to regulate it. The aim of this chapter is to examine the effectiveness of the European Union current data protection regulatory framework for regulating ICT implants. By focusing on current and future applications of human ICT implants, the research presented here highlights the potential regulatory challenges posed by the applications, and makes a series of recommendations as to how such issues may be best avoided by jurisdictions grappling with similar emerging issues. In doing so, the chapter draws together the notions of innovation, risk and data protection within the context of a broader governance framework.
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