UNESCO's Ethics of Neurotechnology (a brief overview)

Finally, the UNESCO declaration adopted by member states on 5 November 2025 voted to adopt this instrument which will come into force on 12th November. It has huge implications for companies in this space.

While late (as usual), this is welcome. Some countries have specific laws for neurorights like Chile, others mention neural data in their privacy laws. Some look at the technology itself for regulations so it is a complicated space.

1. Defines neurotechnologies as: devices, systems and procedures –encompassing both hardware and software – that directly measure, access, monitor, analyse, predict or modulate the nervous system to understand, influence, restore or anticipate its structure, activity and function. The next paragraphs mentions mental states.

The definition used by Chile which had the pioneering legislation, protects brain-derived information, or neurodata, as a uniquely sensitive category of personal data. It would outlaw the commercial sale and buying of neurodata, mirroring regulations for human organs. The UNESCO definition broadens this to nervous systems (so not just brain data).

2. Includes technical tools that measure and analyse physical (e.g. acoustic, electrical, optical, magnetic and/or mechanical), chemical and biological signals associated with thestructure of and functional signals from the nervous system (including cell therapy andgene therapy). Includes biometric data indirectly informing about neural activity.

2. Love that it expands the lifecycle: early stages starting with its conception, design, algorithm development, decision logic, mining and obtaining raw material for materials, research, prototyping, design and development to deployment and use, including maintenance, operation, trade, financing, monitoring and evaluation, validation, end-of-use, disassembly, termination, disposal and recycling.

3. Outlines 7 values

• Respect, protection and promotion of human rights, and fundamental freedoms and human dignity

• Promoting human health and well-being

• Ensuring and respecting diversity and fairness

• Consideration for cross-cultural perspectives on human knowledge and its sharing

• Global solidarity and international cooperation

• Sustainability

• Integrity and responsibility

  
  

4. Outlines 9 Principles

• Beneficence, proportionality and do no harm

• Autonomy and freedom of thought

• Protection of neural data as well as indirect neural data and non-neural data allowing mental states inferences

• Non-discrimination and inclusivity

• Accountability

• Trustworthiness and transparency

• Epistemic justice, inclusive engagement and public empowerment

• Best interests of the child and protection of future generations

• Global and social justice, enjoying the benefits of scientific progress and its applications

What do you think?

More on the instruments: https://unesdoc.unesco.org/ark:/48223/pf0000394866

Read the companion report: https://unesdoc.unesco.org/ark:/48223/pf0000386137