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Protecting cognition: background paper on neurotechnology and human rights

Explore how neurotechnology-devices that access, monitor, record or manipulate brain data-raises new human rights challenges and protections people need.

Business and Human RightsHuman rights Paper

Summary

Neurotechnologies are devices and procedures that can access, monitor, record or manipulate brain data.

They can be highly beneficial, for example, using cochlear implants to help people hear.

However, if neurotechnologies are not developed or used ethically, they risk breaching human rights.

This background paper focuses on 3 human rights risks:

  • privacy
  • non-discrimination
  • freedom of thought

What is neurotechnology?

Neurotechnologies are either wearable or medically implanted.

A brain computer interface (BCI) connects the brain to an external device such as a smartphone. The BCI transmits neural data and can sometimes alter neural activity.

What are the human rights risks?

Human rights may be directly (or indirectly) challenged by neurotechnology. This paper focuses on the 3 human rights that were repeatedly raised during consultations.

Neurotechnologies can:

  • collect sensitive neural information, posing a significant risk to privacy
  • manipulate thought processes, risking freedom of thought
  • develop biases and discriminate against certain groups.

People with disability

Many neurotechnologies focus on medical applications that benefit people with disability.

For example, cochlear implants have been used to restore hearing to an estimated 1 million people worldwide. Yet there is little protection for people when their implants are decommissioned or made redundant.

Young people and children

Young people and children whose minds are still developing may be especially vulnerable to any side effects of long‑term use of neurotechnologies.

The best interests of children must be central when developing and using neurotechnology.

Other applications

The background paper also examines immersive technologies such as virtual reality, and the use of neurotechnologies in the military and criminal justice system.

Key takeaways

Neurotechnology, especially when used with AI, draws into question the traditional boundaries placed around an individual’s internal thoughts and draws into question how human rights protect the mind.

  • The risk of human rights breaches increases as neurotechnologies are adapted for broader consumer consumption without the necessary level of regulation in place.
  • Rapidly evolving neurotechnology is not supported by adequate safeguards and regulation to protect people from harm and preserve their human rights.
  • The background paper provides a snapshot of current issues for governments, regulators, academia, civil society and business to consider.

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