Author: Anis H. Bajrektarevic & Kamila Bogdanova – 27/01/2025
Biohacking – Key Legal, Moral and Commercial considerations
Anis H. Bajrektarevic & Kamila Bogdanova
Biohacking is a rapidly growing movement that combines technology, biology, and self-experimentation to optimize human performance and well-being. It encompasses a range of practices, from genetic modifications and wearable technology to cognitive enhancement and nutritional interventions. In the European Union (EU), where health, technology, and data privacy regulations are extensive, the rise of biohacking challenges traditional legal and ethical boundaries and raises complex regulatory questions. While biohacking offers individuals unprecedented control over their physical and mental capabilities, it often operates on the fringes of legality, exploiting regulatory gaps. This article explores biohacking’s core practices and examines the legal frameworks, including treaties like the Oviedo Convention, the General Data Protection Regulation (GDPR), and other relevant EU policies, along with the regulatory loopholes that biohackers navigate and the broader implications for regulators and society.
Defining the biohacking
In traditional dictionaries, biohacking is often portrayed as a narrow and sometimes controversial practice. The Oxford English Dictionary, for instance, defines it as “the activity of exploiting genetic material experimentally without regard to accepted ethical standards, or for criminal purposes” (Oxford English Dictionary). This definition emphasizes biohacking’s potential for risk and unconventional methods of biological manipulation. Similarly, Merriam-Websterdescribes it as “biological experimentation (as by gene editing or the use of drugs or implants) done to improve the qualities or capabilities of living organisms, especially by individuals and groups operating outside traditional medical or scientific research environments” (Merriam-Webster Dictionary). These definitions highlight biohacking as a self-directed, experimental practice typically conducted outside conventional scientific settings.
For the purposes of this work, we will hereby operate with our own definition: externally induced, concealed gene (information hoovering, sequestrating, doctoring, and/or) intervention for non-transparent ends. (Bajrektarevic, 2010).
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