Brain signals recorded by a gaming headset or a wellness gadget could one day be used as evidence against you in court, according to a new UN report which warns that neurotechnology is outpacing the laws meant to protect human rights.

Presenting the Secretary-General's report to the General Assembly on Thursday, senior human rights official Claudia Fuentes Julio said the technology could threaten privacy, freedom of thought and the right to a fair trial, particularly for marginalised people.

Key points

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• The new report examines the growing use of neurotechnology in justice systems and the risks arising from its convergence with artificial intelligence (AI)
• Data collected through gaming or wellness devices, for instance, could be used in a court of law, impacting fundamental human rights, including the right to a fair trial
• The report calls for prohibiting coercive and abusive applications of neurotechnology and establishing stronger legal and ethical safeguards

When high-tech meets the law

Neurotechnology was once exclusively used for medical diagnoses or treatment, measuring, monitoring, analysing, predicting or modulating the nervous system.

The new tech gathers neural data - defined as qualitative and quantitative data about the structure, activity and function of the nervous system.

"Neurotechnology accesses, measures and analyses brain signals," the UN chief wrote in his report. "If these signals are treated as direct indicators of thoughts, intentions or truthfulness, the use of neural data points could undermine how we understand and value each of us as human beings."

Once confined to clinical or research environments, these devices are now entering, or may enter, consumer markets, workplaces, schools, public services, law enforcement and justice systems, the report found.

Gaming to wellness

UN Assistant Secretary-General for Human Rights Claudia Fuentes Julio highlighted a range of risks when introducing the report to Third Committee members, including the growing commercialisation of neurotechnology and the collection of large volumes of neural data by technology companies.

Marketed for wellness, gaming and productivity, wearable, so-called electroencephalography devices are now increasingly available.

As such, neural data collected through these devices could be accessed by governments or introduced as evidence in legal proceedings without adequate recognition of its highly sensitive nature, the report warned.

From privacy to fair trial rights

While these new technologies hold significant promise, particularly for medical and assistive applications, Ms. Fuentes Julio said the report "warns of risks to dignity, privacy, freedom of thought, fair trial rights, liberty and protection from ill-treatment, especially for marginalised groups".

Indeed, when applied in the courtroom these technologies serve different purposes and pose distinct legal and human rights risks, especially as tools and data developed for medical use are repurposed without appropriate safeguards, the report argues.

Ms. Fuentes Julio said the report calls for "prohibitions on coercive and abusive uses, and stronger safeguards, informed consent, scientific validation, oversight, accountability and protection of neural data."

The report emphasises that neural data, as "uniquely sensitive personal data," demands heightened protection.

Read the full report here.