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Neurotechnology & the law: human rights & civil liberties

14 February 2025 / Harry Lambert
Issue: 8104 / Categories: Features , Profession , Technology , Health , Human rights
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What do developments in neurotechnology mean for our free will & sense of self? In Pt 7 of this special series, Harry Lambert considers the implications for the individual & society at large
  • If a person’s right to freedom of thought is considered fundamental to their sense of self, neurotechnology brings with it profound implications for identity, agency and broader human rights.
  • Neuro-marketing and neuro-politics make use of strategies that tap into the brain, subconsciously swaying consumer or voter preferences without overt awareness.
  • The absence of regulation in these areas highlights the crucial importance of human rights law in tackling the challenges they present.

2024 was the year of elections. Almost half the world’s population voted, including eight of its ten most populous countries.

Such is the increasing influence of artificial intelligence (AI) over voter habits that Tristan Harris, co-founder of the Center for Humane Technology, has gone as far as to describe the 2024 US election as ‘the last human election’.

But—again—neurotechnology

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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