Report wants neurotechnology development to respect human rights

Privacy law reform should safeguard neural data: Human Rights Commission

Report wants neurotechnology development to respect human rights

The Australian Human Rights Commission’s report titled ‘Peace of Mind: Navigating the ethical frontiers of neurotechnology and human rights’ seeks a consideration of such rights in neurotechnology design and the express protection of neural data in urgent privacy law amendments. 

“Only by putting human dignity at the centre of our digital lives can we unlock the full potential of neurotechnology—while retaining our peace of mind,” said Lorraine Finlay, human rights commissioner, in a media release. 

The recently released report stressed that neurotechnology can expose sensitive neural data, result in new variations of discrimination and surveillance, and present risks to privacy and freedom of thought, particularly to children, people with disability, older individuals, and other vulnerable groups. 

The media release explained that neurotechnology, which has undergone swift developments, includes devices and systems interacting with the human nervous system. 

The media release added that innovations in neurotechnology – such as brain-computer interfaces enabling people with paralysis to speak and wearable devices tracking workplace fatigue – can potentially transform health, communication, and daily life. 

“A technology capable of decoding brain activity or influencing thought processes is, by its nature, deeply personal and profoundly powerful,” Finlay said. “We must ensure that technological progress does not come at the expense of our most fundamental rights and freedoms.”

Recommendations

“Australia is well placed to lead not only in technical innovation, but also in ethical and rights-respecting neurotechnology,” Finlay said in the AHRC’s media release. “Achieving this will require continued collaboration, investment, and a commitment to ‘human rights by design’.” 

The report urged the government, industry, and civil society to: 

  • Ensure that every step of neurotechnology design and development aligns with strong human rights protections 
  • Employ easily understandable language in privacy policies 
  • Obtain the meaningful and informed consent of all users 
  • Refrain from using neurotechnology to coerce, manipulate, or punish people for their thoughts 
  • Ban neuromarketing, especially when targeting children, for political and consumer purposes 
  • Prohibit workplace neurotechnology, except to tackle the most serious work health and safety risks in high-risk industries 
  • Establish a specialist neurotechnology safety agency to protect consumers and set effective safety standards 
  • Prioritise the best interests of children, people with disability, and older people in all neurotechnology policy and practice 
  • Utilise child rights impact assessments 
  • Strengthen the safeguards against discrimination and coercion 
  • Impose a moratorium on using neurotechnology in criminal justice until the Australian Law Reform Commission can hold an inquiry
  • Legally review military applications to ensure international law compliance