By Australia's Human Rights Commissioner Lorraine Finlay
Imagine waking up to find your personal phone number splashed across social media. Now imagine it's not just your number - it's your thoughts. That's not a dystopian fantasy. It's the very real future we're hurtling toward as neurotechnology advances faster than our laws can keep up.
Data breaches are becoming disturbingly routine. Just recently, the personal details of 5.7 million Qantas customers have been leaked onto the dark web. Australian Clinical Labs was fined $5.8 million when the data of 223,000 patients was hacked. Even the Prime Minister's mobile number was exposed by AI scraping tools and published online.
If we're already struggling to safeguard basic information like phone numbers, birth dates, and frequent flyer numbers how will we protect the most intimate data of all - our neural information?
Peace of Mind report
Tomorrow, the Australian Human Rights Commission will release a groundbreaking report, 'Peace of Mind: Navigating the ethical frontiers of neurotechnology and human rights.' It's the first time a national human rights institution has taken a deep dive into how neurotechnology affects our human rights. It poses a question that sounds like science fiction, but is rapidly becoming science fact: how do we protect human rights when technology can decode our thoughts?
The promise and peril of neurotechnology
Neurotechnology - which broadly refers to devices that can read, interpret or even influence brain activity - is no longer confined to the realm of speculation. From brain-computer interfaces that allow people experiencing paralysis to send emails using only their thoughts, to wearable headsets that monitor attention in classrooms or workplaces, these technologies are already here. And they're evolving fast.
The promise is extraordinary. Neurotechnology can restore communication for people with disability, improve safety in high-risk jobs and even help manage mental health. But the risks are equally profound.
Unlike a phone number, neural data isn't something you can change. It's not just about what you've done - it's about who you are. It can reveal your emotions, your preferences, your fears and potentially even your beliefs. In the wrong hands, this data could be used to manipulate your decisions, discriminate against you or punish you for what you think - not just what you do.
Our laws aren't ready
The report identifies serious gaps in Australia's legal and ethical frameworks. Neural data is not explicitly protected under current privacy laws. The right to freedom of thought (enshrined in human rights treaties but rarely tested in practice) is facing unprecedented challenges. Without clear rules, we risk a future where neurotechnology could be used to monitor workers, target children with hyper-personalised ads or even influence voters through neuromarketing.
What needs to change
That's why we need to make sure our laws keep pace with the rapid development of neurotechnology. First and foremost, we need stronger privacy protections for neural data - information that is far more intimate than anything currently covered by existing privacy laws. We also need legal clarity around the right to freedom of thought, a foundational human right that is now under pressure in the digital age.
The report also calls for a ban on neuromarketing in political advertising, to prevent the manipulation of voters through their brain data. Neurotechnology offers insights that could be exploited to craft hyper-targeted political messages designed to influence our decisions at the ballot box. Without clear boundaries, there's a real risk that political campaigns could one day use neural data to bypass our critical thinking and appeal directly to our subconscious responses. In a democracy, the ability to think freely and make informed choices must be protected - not manipulated.
The time to act is now
These are not abstract concerns. Already, neurotechnology companies are selling direct-to-consumer devices that collect brainwave data, often with little transparency about how that data is used or shared. A recent study found that 24 out of 30 analysed neurotech companies producing consumer products could sell users' neural data under their existing privacy practices.
We've seen what happens when technology outpaces regulation. Social media platforms, once celebrated for their ability to connect us, have also brought complex challenges around privacy, safety and manipulation. That's why we need to act now to make sure human rights keep pace with new technologies like neurotechnology.
Leading with rights by design
Australia has an opportunity to lead - not just in innovation, but in ensuring that innovation is ethical, inclusive and grounded in human rights. That means embedding human rights by design into every stage of neurotechnology development, from the lab to the living room.
Neurotechnology holds extraordinary promise, unlocking doors we never thought possible. But with great power comes great responsibility. As we reap the rewards of these technical breakthroughs, we must keep ethics, privacy, and humanity at the heart of innovation.
The future of neurotechnology is not just about what we can do. It's about what we choose to do - and what we choose to protect. Our thoughts, our privacy, our dignity.
Because in the end, peace of mind is not just a metaphor. It's a human right.
