The European Union on Cognitive Liberty within New Technologies

Author: Ana MC Budeanu

May 28, 2026

HRRC is encouraged by the European Union efforts to establish rules on artificial intelligence technologies and their effects on human rights with regard to citizen’s mental health, such as the EU AI Act which prohibits reading and analyzing citizen’s emotions. We emphasise that policies regarding artificial intelligence technology must be regularly updated to better protect human rights and the mental health of citizens amid ever-changing technologies. 

Will New Technologies Abide Human Rights? [Image credit: Unsplash]

On 18-19 May, the Council of Europe held the conference “Human rights in immersive realities (XR): freedom of expression, justice, children’s rights and well-being” where participants explored and debated ideas such as freedom of expression and freedom of thought. The debates also mentioned mental autonomy, children’s rights and age-appropriate design, justice and rehabilitation. Mental health, neurotechnologies and emerging regulatory challenges were an important topic in view of the EU AI Act.

At this event, the Jurisconsult of the European Court of Human Rights (ECtHR), Anna Austin, gave a speech where she mentioned risks and challenges which new immersive technologies posed for human rights, democratic processes and the rule of law, underlining how ECtHR has been flexible enough to address all the issues that have emerged so far in its caselaw. 

Some of these risks and challenges that were briefly mentioned during the speech  are freedom of thought, especially freedom of expression, biometric coercion, a method of tracking and detaining people based on biometric data such as facial traits or fingerprints, and targeted surveillance , where certain people are surveilled, as seen by the ECtHR caselaw.

As this event has been just one of many public debates of the European Union’s efforts to address the changing technological landscape, the EU AI Act is one of the EU’s most known inputs when it comes to regulating new emerging technologies, specifically artificial intelligence, and how they address human rights, especially, rights related to mental health of the citizens using digital technologies.

Among others, the EU AI Act prohibits the recognition of human emotion in the workplace with the use of AI as it represents invasive emotional surveillance. It also bans AI systems that manipulate human behavior in a way that harms physical or psychological health, such as subliminal techniques which influence human thoughts, emotions or behaviours below the threshold of human awareness, including subtle nudging from AI applications where following observing the users acts, the AI uses embarrassment, guilt or entices the user to change their behaviour. The EU AI Act bans AI systems that exploit vulnerabilities such as age or disabilities; AI social scoring; AI predictions or risk assessments of individual criminal offenses.

---

Glossary

• Artificial Intelligence - the capability of computer systems or algorithms to imitate intelligent human behavior

• Awareness - the quality or state of being aware : knowledge and understanding that something is happening or exists

• Council of Europe - an association of European states, established in 1949 to promote unity between its members, defend human rights, and increase social and economic progressan administrative or deliberative body for state matters : a governmental council considering high policy matters

• Criminal Offence - an action which is punishable under the law

• European Court of Human Rights (ECtHR) - a court which protects the basic human rights of Europeans and which is part of the Council of Europe

• European Union - economic, scientific, and political organization consisting of Belgium, France, Italy, Luxembourg, the Netherlands, Germany, Denmark, Greece, Ireland, Spain, Portugal, Austria, Finland, Sweden, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Bulgaria, Romania, and Croatia

• Freedom of Expression - the unrestrained right to voice ideas, opinions, etc

• Jurisconsult - jurist

• Justice - the justice of a cause, claim, or argument is its quality of being reasonable, fair, or right.

• Mental Autonomy - the quality or state of being independent, free, and self-directing

• Neurotechnology - electronic devices or methods which interface with the nervous system to monitor or modulate neural activity

• Rehabilitation - the treatment of physical disabilities by massage, electrotherapy, or exercises

• Social Scoring - systems that use artificial intelligence and data analysis to assign people or organizations a numerical score based on their behaviors, characteristics, or interactions. These scores can determine access to services, benefits, or opportunities, shaping how individuals are treated in society.

• Surveillance - careful watching of someone, especially by an organization such as the police or the army

---

References

1. https://www.coe.int/en/web/portal/-/what-are-the-implications-for-human-rights-in-immersive-realities-#:~:text=On%2018%2D19%20May%202026,of%20the%20Committee%20of%20Ministers

2. https://www.echr.coe.int/w/-human-rights-in-immersive-realities-keynote-address-by-the-jurisconsult

3. https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence 

4. https://fpf.org/blog/red-lines-under-eu-ai-act-unpacking-the-prohibition-of-emotion-recognition-in-the-workplace-and-education-institutions/#:~:text=Article%205(1)(f)%20AI%20Act%20prohibits%20AI%20systems,for%20medical%20and%20safety%20purposes.

5. https://www.artificial-intelligence-act.com/#:~:text=prohibits%20eight%20practices%3A-,1.,would%20not%20consciously%20agree%20to.

6. https://www.artificial-intelligence-act.com/#:~:text=prohibits%20eight%20practices%3A-,1.,would%20not%20consciously%20agree%20to.