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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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