• Neurotechnologies have many potential benefits but they could also be used to hack into our innermost thoughts, perceptions, emotions and even memories, a top independent rights expert told the Human Rights Council.

• In a report to the 58th session of the Human Rights Council, Ana Brian Nougrères, the UN Special Rapporteur on the right to privacy, set out the foundations and principles for the regulation of neurotechnologies and the processing of neurodata from the perspective of the right to privacy.

• Regulation of neurotechnologies is vital to ensure an ethical approach and protect fundamental human rights in the digital age, she said.

Neurotechnology and neurodata

• Neurotechnology is an umbrella term referring to any technology that records or modifies the neurons in the human nervous system. 

Neurotechnology performs at least one of three functions: 

i) Neuroimaging (monitoring brain structure and function).

ii) Neuromodulation (influencing brain functions).

3) Direct brain-computer interfaces.

• Neurotechnologies are tools or devices that record or alter brain activity and generate neurodata that not only allow us to identify a person, but also provide an unprecedented depth of understanding of their individuality.

• Neurodata is highly sensitive personal data, as it is directly related to cognitive state and reflects unique personal experiences and emotions.

• Data generated by the nervous system and the brain have unique characteristics that differentiate them from all other personal information. 

• Furthermore, neurodata not only allows us to identify a person, but also offers an unprecedented depth of understanding of their individuality.

• Neurotechnologies are important because the brain is not just any organ of the body, it is the one that generates the entirety of human mental and cognitive activity. Our thoughts, perceptions, emotions, memories, even the subconscious, everything comes from the coordinated activity of the neural circuits within our brains. With neurotechnology, scientists can access these neural circuits, record their activity and change it.

• Neurotechnology has played a crucial role in addressing some of our most widespread diseases and disorders for decades. Deep brain and nerve stimulation has helped to eliminate the symptoms of Parkinson’s disease and epilepsy. Today, more than 600,000 people are able to hear due to cochlear implants stimulating their auditory nerves. Hundreds of thousands of people with spinal injuries and nerve disorders have been able to regain mobility and limb movement through brain-computer interfaces.

• Neurotechnology advances, particularly in the field of brain-computer interfaces, are poised to become a far more routine part of our lives, moving well beyond medical treatment. 

• The widespread use of these technologies raises ethical, human rights, and security concerns. 

• Today, the regulation of neurotechnology is almost exclusively managed by national governments or regional organisations. Lack of internationally-agreed norms could drive some of the risks, particularly around an “augmentation arms race”, but could also allow for dangerous uses in many parts of the world. 

• The challenges and opportunities presented by neurotechnologies and the processing of neurodata have been addressed by various United Nations bodies in an increasing number of resolutions and documents highlighting the relevance of these technologies, the risks of their misuse and the importance of establishing regulatory frameworks to protect human rights in the context of neurotechnologies.

Benefits and challenges of neurotechnologies

Benefits:

a) Conducting research to discover how the brain works and understand the scientific basis of the human mind.

b) Diagnosing, understanding and designing new therapies for neurological and neurodegenerative or psychiatric brain diseases such as Alzheimer's, schizophrenia, Parkinson’s, epilepsy, mental impairment, stroke, lateral sclerosis, depression and anxiety. 

c) Encouraging the creation of brain-computer interface devices that connect directly to the Internet and establishing a new industry with great economic and consumer benefits.

Risks:

a) The use of neurotechnologies for purposes contrary to human dignity. With these technologies, brain activity can be decoded and altered, which gives rise to very profound ethical, legal and social problems and challenges, given that the essence of human beings could be altered or manipulated.

b) Artificial modification of human beings. Scientific findings in neuroscience and their application through neurotechnologies have the potential to alter certain fundamental human characteristics, such as autonomy, moral responsibility, free will, dignity, identity, private mental life, understanding of individuals as entities bound by their bodies, bodily integrity and security.

c) Causing physical damage or mental manipulation in human beings. Physical damage, tissue damage and impaired motor function (infringement of the right to mental integrity) could also result from invasive procedures performed to fit enhancement or brain-machine interface devices.

d) Improper processing of neurodata and their use for purposes that are contrary to human dignity or that are not authorised by law. “Brainjacking” may involve the theft of information (violation of the right to mental privacy). In addition, viruses could be introduced or Internet-connected neural devices might make it possible for individuals or organisations (hackers, corporations or government agencies) to track or even manipulate an individual’s mental experience.

The need for guidelines for neurotechnologies

• Brian Nougrères raised concern that neurodata will not only allow access to what people think, but also manipulate people’s brains, leading to a violation of privacy in one’s own thoughts and decision-making.

• Although the capacity for harm resulting from these tools is limited now, they have the potential to alter brain activity and even artificially modify human beings, making them a great threat to human rights and the fundamental values of dignity, privacy, autonomy and agency, insisted the independent expert, who reports to the Council and is not a UN staff member.

• Integrating ethical values into the design and use of neurotechnologies is essential to ensure non-discriminatory implementation and effective protection of individuals’ right to privacy when processing their neurodata.

• The report outlined key definitions, fundamental principles and guidelines for the protection of human dignity, the protection of mental privacy, and the recognition of neurodata as highly sensitive personal data and the requirement of informed consent for their processing.

The report makes four key recommendations to States:

i) Developing a specific regulatory framework for neurotechnologies and the processing of neurodata to ensure responsible use.

ii) Incorporating established principles of the right to privacy into national legal frameworks.

iii) Promoting ethical practices in the use of neurotechnologies to address the risks of technological innovation.

iv) Promoting education about neurotechnologies and neurodata to ensure informed consent.

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