And the right to freedom of thought enshrined in the Universal Declaration of Human Rights is similarly open to interpretation. It was historically put in place to protect freedoms surrounding beliefs, religion, and speech. But that could change, says Ienca. “Rights are not static entities,” he says.

He is among the ethicists and legal scholars investigating the importance of “neuro rights”—the subset of human rights concerned with the protection of the human brain and mind. Some are currently exploring whether neuro rights could be recognized within established human rights, or whether we need new laws.

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Her case highlights why we need to enshrine neuro rights in law.

In recent years, we’ve seen neurotechnologies move from research labs to real-world use. Schools have used some devices to monitor the brain activity of children to tell when they are paying attention. Police forces are using others to work out whether someone is guilty of a crime. And employers use them to keep workers awake and productive.

These technologies hold the remarkable promise of giving us all-new insight into our own minds. But our brain data is precious, and letting it fall into the wrong hands could be dangerous, Farahany argues in her new book, The Battle for Your Brain. I chatted with her about some of her concerns.

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We need new rules to protect our cognitive liberty, says futurist and legal ethicist Nita Farahany.