3. Human rights impacted by neurotechnology Although there are a diversity of existing human rights which will be affected by neurotechnologies, this background paper focuses on three key rights: the right to privacy; freedom of thought, conscience and religion or belief; and the right to equality and non‑discrimination. 3.1 Right to privacy Neurotechnologies challenge what is ‘private’ in terms of the mind. The right to privacy is a cornerstone human right. As noted by the Office of the Australian Information Commissioner (OAIC), it also underpins freedoms of association, thought and expression, as well as freedom from discrimination.88 The right to privacy developed over centuries. For example, in the fourth century BCE, Aristotle drew the distinction between the public sphere of politics and the private sphere of domestic life. Thousands of years later, the ‘fourth industrial revolution’ is characterised by rapid technological development.89 These changes have arguably reinforced the central importance of the right to privacy. The right to privacy, in respect of neurotechnology – because of the ability to examine neural data – has become of such interest that the UK ICO recently published a paper ICO Tech Futures: Neurotechnology on the risk to privacy. Human rights instruments Article 12 UDHR states: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. Similarly, article 17 ICCPR states: No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. The right to privacy is also protected in many other international instruments.90 The UN Human Rights Council also indicates that privacy is of increasing importance in a digital age where: Digital tools can be turned against them, exposing them to new forms of monitoring, profiling and control.91 Mental privacy will be of ever‑increasing concern as neurotechnologies and related technologies (such as AI) improve, and organisations and governments are better able to commercialise the collection, maintenance and usage of neural data. Australian Human Rights Commission 13