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Neurorights against mental surveillance

Neurorights against mental surveillance

Neurotechnology experts say that new human rights must be introduced quickly to protect our mind against risks of cerebral intrusions and manipulations.

Arnaud Mittempergher's avatar
Arnaud Mittempergher
May 13, 2025
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Neurorights against mental surveillance
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In my first article, I explained that neurotechnologies can record our brain activity and that artificial intelligence can analyze this data to decode our state of focus, our emotions and even the content of our thoughts. It represents a great opportunity for technological companies which thrive by collecting data from their users, especially to sell targeted ads to advertisers. In the age of surveillance capitalism, our personal data is already very valuable but our neural data, very rich in sensitive informations, will be worth gold.

Many enterprises will soon get busy to record as much brain data as they can to train artificial intelligence systems, do targeted advertising, neuromarketing or to sell the data to other companies or institutions. As these intrusive but more or less freely consented commercial practices happen, armies, militias, terrorist groups, surveillance and weapons companies will also use neurotechnologies to move towards their goals.

Our mind is the last bastion of privacy in our societies where mass surveillance is becoming more and more omnipresent and invasive. This last defense is now under severe threat.

An increasingly widespread technology

The fast development of technologies capable of sensing and modifying brain activity opens new possibilities in medicine, for example to assist paralyzed or blind persons. But neurotechnologies won’t be used solely for therapeutic purposes. Devices equipped with brain sensors are already being distributed to employees of thousands of companies around the world (read The Battle for Your Brain from Nita Farahany, pp.40-64) and even to young children in classrooms to monitor their concentration levels.

Brain sensors are also embedded in earbuds, for example the MN8 from Emotiv and maybe soon the Airpods from Apple. The California-based company has filed a patent to equip its earphones with electrodes that can detect brain electrical activity.

Consumer grade devices are available as well, for example to facilitate meditation, improve sleep quality or play video games.

Neurotechnologies are also progressively embedded in extended reality devices. Virtual reality headsets such as the Vision Pro from Apple are already equipped with multiple biometric sensors. Eye-tracking, for example, allow users to interact with the device via their eyes. The multinational corporation doesn’t intend to stop there and has filed a patent to use this feature to get biofeedbacks about the consumers, in particular their mental states.

It is very likely that most extended reality headsets and glasses will also be equipped with brain sensors in the future, whether embedded in the earphones or placed on the head of the users.

Risks related to neurotechnology

Neurotechnologies will progressively be added to many consumer devices and will thus impact of the life of many people. But the list of risks is long:

  • Loss of private life

  • Mass surveillance by governments and private actors (Read the United Nations report “Impact, opportunities and challenges of neurotechnology with regard to the promotion and protection of all human rights”, p.18)

  • Mental surveillance at work

  • Surveillance of political dissidents

  • Manipulation of thoughts for political purposes

  • Thought police

  • Forced interrogations

  • Manipulation of brain processes involved in the intentions, emotions and decisions of people

  • Manipulation of perceptions and memories

  • Implanting of artificial images in the mind

  • Risks for mental integrity, human dignity, personal identity, freedom of thought and autonomy (Read the Unesco report “Unveiling the neurotechnology landscape”, p.27)

  • Cyberattacks against brain implants, which can have numerous consequences such as the theft, modification or erasement of memories. They can also impact the physical autonomy of the person or have important psychological effects such as anxiety, depression or other mental health issues (Read the Unesco report “Unveiling the neurotechnology landscape”, p.27)

  • Discrimination by insurance companies

  • Manipulation of consumers by commercial companies

  • Crafting of weapons to disable and disorient the human brain

  • Sale of our brain data to third parties (Read the Neurorights Foundation report “Safeguarding Brain Data: Assessing the Privacy Practices of Consumer Neurotechnology Companies”, pp.51-57)

A United Nations report published in August 2024 summarizes the current situation in a few lines:

“The possibility that, in the coming years, those [neurotechnology] products with inadequate safety measures and unclear or underestimated human rights risks may be widely commercialized is real. They may become pervasive throughout daily life despite the fact that, in most countries, applicable regulations are unclear, weak or non-existent. Existing loopholes in regulations, lack of technical expertise and capacity and the absence of adequate oversight bodies are factors that will certainly be exploited by large companies seeking profits. The risk is that, without the necessary guardrails, the industry will continue growing unfettered in the same direction: prioritizing profitability and convenience over ethical and human rights considerations.”

- United Nations report “Impact, opportunities and challenges of neurotechnology with regard to the promotion and protection of all human rights”, p.4

In the face of these many dangers, neuroethicists and neurobiologists are mobilizing to protect our rights at the dawn of this new era of neurotechnologies.

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