Executive summary The rapid advancement of neurotechnology in recent years has created significant opportunities for collecting, storing and utilising neural data to understand and/or manipulate the human mind.1 Such applications potentially have immense benefits for both individuals and the broader community. It is not uncommon to see articles about the significant positive impacts of the technology – such as people being able to walk again2 or improving our understanding of how to treat chronic pain.3 However, neurotechnologies also raise profound human rights problems which may require the international community to reconsider how it approaches several human rights. Brain implants are not a fundamentally new technology and have been used in medical procedures for some time. For example, since 1997, deep brain stimulation has been eliminating tremors associated with Parkinson’s disease via electrical impulses to the basal ganglia of the brain.4 However, as technologies improve, the potential application of neurotechnologies multiplies. This is especially so when brain computer interfaces (BCIs) are utilised in conjunction with artificial intelligence 4 (AI), which, in combination, is still a rapidly evolving area of experimentation.5 Neurotechnology, especially when used in conjunction with AI (or other forms of emerging technologies), draws into question the traditional boundaries placed around an individual’s internal thoughts and processes. There is a growing body of literature and international policy which considers the need to ensure rights‑based approaches that protect the human mind. It is likely that neurotechnologies will only become more pervasive and embedded in the everyday lives of individuals over the coming decade.6 While it is important to harness the benefits of these neurotechnologies, there must also be greater scrutiny of the legal, ethical and safety implications of their development and deployment. This background paper seeks to stimulate discussion and advance Australia’s understanding of both neurotechnology and its human rights risks. It is by no means a comprehensive analysis of every issue associated with neurotechnology. It is intended to provide a high‑level ‘snapshot’ of current issues and challenges which must be considered. Protecting Cognition: Background Paper on Human Rights and Neurotechnology

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