UN expert calls for regulation of neurotechnologies to protect right to privacy

GENEVA (12 March 2025) – Regulation of neurotechnologies is vital to ensure an ethical approach and protect fundamental human rights in the digital age, a UN expert said today.

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.

“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,” the expert said.

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.

“Neurodata is highly sensitive personal data, as it is directly related to cognitive state and reflects unique personal experiences and emotions,” the Special Rapporteur said. As such, neurodata should be subject to the precautionary principle, enhanced accountability and special measures to ensure security, confidentiality and limited circulation to prevent access or misuse, as well as manipulation, due to its potential to negatively affect an individual’s mental integrity and thought processes.

“While I welcome the potential mental health benefits of neurotechnologies, I am concerned 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,” Brian Nougrères said.

The report makes four key recommendations to States:

• developing a specific regulatory framework for neurotechnologies and the processing of neurodata to ensure responsible use;
• incorporating established principles of the right to privacy into national legal frameworks;
• promoting ethical practices in the use of neurotechnologies to address the risks of technological innovation; and
• promoting education about neurotechnologies and neurodata to ensure informed consent.

“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 expert said.