The United Nations Special Rapporteur on the right to privacy, Dr. Ana Brian Nougrères, said Wednesday that the development of a model law on neurotechnologies and neurodata is necessary to protect the right to privacy. In a report presented to the 58th session of the Human Rights Council in Geneva, the foundations and principles for the regulation of neurotechnologies and the processing of neurodata, were outlined from the perspective of the right to privacy.
The report makes four key recommendations to states. First, developing a specific regulatory framework for neurotechnologies and the processing of neurodata to ensure responsible use. Second, incorporating established principles of the right to privacy into national legal frameworks. Third, promoting ethical practices in the use of neurotechnologies to address the risks of technological innovation. Finally, promoting education about neurotechnologies and neurodata to ensure informed consent.
The report also discussed the fundamental principles and guidelines for the protection of human dignity; the protection of mental privacy; the recognition of neurodata as highly sensitive personal data; and the requirement of informed consent for their processing. The expert said:
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. 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.
Today’s call to action and report builds on the expert’s findings on the foundations and principles for the regulation of neurotechnologies and the processing of neurodata presented to the Human Rights Council in March 2025. As of now, most countries have not legislated neuro-rights and protections for neurodata. Chile became the first country to pass a neuro-rights law in 2021.
