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14 February 2025 / Harry Lambert
Issue: 8104 / Categories: Features , Profession , Technology , Health , Human rights
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Neurotechnology & the law: human rights & civil liberties

208049
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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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