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Can data about your brain activity be used against you?

Can data about your brain activity be used against you?

Published on: 2026-10-23

Source: United Nations – United Nations –

An important disclaimer is at the bottom of this article.

October 16, 2026 Human Rights

According to a new UN report, the development of neurotechnologies is outpacing the creation of laws protecting human rights in this area. And data about your brain activity, recorded by a gaming headset or fitness device, may one day become evidence against you in court.

Presenting the Secretary-General’s report to the General Assembly, his Assistant on Human Rights Claudia Fuentes Julio stated that such technologies could jeopardize privacy, freedom of thought, and the right to a fair trial.
When high technology is used by law enforcement agencies and courts
Previously, neurotechnologies were used exclusively for medical diagnosis or treatment – they were used to measure, monitor, analyze, predict the nervous system’s function, or influence it.
New technologies collect neurodata, which are understood as qualitative and quantitative indicators of the structure, activity, and functions of the nervous system.
“Neurotechnologies read, measure, and analyze brain signals,” the UN head wrote in his report. “If these signals are considered direct indicators of thoughts, intentions, or truthfulness, then the use of neurodata may distort how we perceive and value each individual.”
The report’s authors note that devices once available only in clinics and laboratories are today penetrating – or may soon penetrate – consumer markets, workplaces, schools, public services, law enforcement, and courts.
From video games to fitness
Presenting the report, Claudia Fuentes Julio pointed out a number of risks. Among them is the rapid commercialization of neurotechnologies and the collection of huge arrays of neurodata by technology companies.
So-called portable electroencephalographs, which are now actively promoted as gadgets for fitness, gaming, and productivity enhancement, are becoming increasingly accessible.
As a result, governments may gain access to neural data collected through such devices, or these data may be presented as evidence in court – without proper understanding that this is confidential information.
From the inviolability of private life to the right to a fair trial
Although these new technologies may open up new opportunities for humanity, particularly in medicine and rehabilitation, Julio Fuentes noted that the report “warns about threats to human dignity, privacy, freedom of thought, the right to a fair trial, personal liberty, and protection from cruel treatment, with marginalized groups being the most affected.”
The document emphasizes that when used in courtrooms, these technologies pursue different objectives and carry entirely new legal and human rights risks, especially when medical prescription data begin to be applied in other areas without appropriate safeguards.
Claudia Fuentes Julio stated that the report calls for “a ban on the forced and improper use of [neurotechnologies], as well as stronger safeguards: informed consent, scientific validation, oversight, accountability, and protection of neurodata.”
The report emphasizes that neurodata, as “extremely sensitive personal information,” requires an enhanced level of protection.

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