While there is no recognised express right to mental privacy, a person’s feelings, thoughts and mental states may obtain implicit protection under the rights to: ƒ privacy ƒ freedom of thought ƒ freedom of expression. Mental integrity Where the right to bodily integrity protects against interference with one’s body, the right to mental integrity protects against interference with one’s mind.82 Some argue that the mind is already protected by way of the brain being contained within the body, and propose that an additional protection for the mind would be superfluous.83 However, neurotechnology can enable interference with the mind, without interfering with the body. For example, non‑implantable BCIs may interfere with brain activity and behaviour in intrusive ways, severely violating one’s right mental integrity. However, because non‑implantable BCIs are often wearable and non‑intrusive, they may not violate the right to bodily integrity despite having serious impacts on a person’s mind.84 Unlike the right to mental privacy, the right to mental integrity has been recognised by various human rights instruments. Article 17 of the Convention on the Rights of Persons with Disabilities (CRPD) states that: Article 8 of the ECHR states: Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well‑being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Jurisprudence of the European Court of Human Rights has recognised the right to mental integrity alongside the right to bodily integrity within article 8 of the ECHR.85 The Charter of Fundamental Rights of the European Union (CFR) article 3(1) states: Everyone has the right to respect for his or her physical and mental integrity.86 Despite being recognised by multiple instruments, the exact scope of the right is unclear. However, the EU Network of Independent Experts on Fundamental Rights (set up by the European Commission) has determined that the right to mental integrity pursuant to article 3(1) CFR is a broad right.87 Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others. Further, article 5(1) of the ACHR states: Every person has the right to have his physical, mental, and moral integrity respected. 12 Protecting Cognition: Background Paper on Human Rights and Neurotechnology