1. Background and context Some BCIs are implanted via surgery inside of a person’s skull and placed directly on the surface of the brain.35 These electrodes then send neural data to a computer for analysis and decoding. Implantable BCIs are not new and have been utilised in medicine for some time. For example, deep brain stimulators have been used to assist people with Parkinson’s disease to regain mobility.36 1.2 Consultations The Commission has long engaged with the intersection between human rights and technology (most notably in its 2021 Final Report). As the Commission continued to engage in this space, it became increasingly aware of the pertinent human rights risks associated with neurotechnologies. This led the Commission to focus on neurotechnologies throughout 2023 and 2024. The positions presented in this background paper are those of the Commission, informed by the views and opinions expressed by participants throughout consultation processes in relation to this paper and a previous submission in 2023. The scope of this background paper was significantly influenced by the consultation process. This background paper is not a substantive analysis of all issues and impacted human rights – only those canvassed during consultations. Some issues are considered in detail, while others are not. The consultations were held with business, government, regulators, civil society and academia in both written and oral formats. Across 2023, 47 participants gave feedback in discussions with the Commission while a further 22 provided written input. Australian Human Rights Commission 7