Guiding questions on the inputs sought

The following questionnaire aims to assist Member States and other relevant actors in providing information and inputs for the above-mentioned report.

• Please provide information on the latest developments and application of neurotechnology[3.1] and other emerging technologies in the administration of justice, in both civil and criminal matters. This includes invasive and non-invasive neurotechnologies being developed or used in the administration of justice, in civil and criminal matters.
• Please indicate what regulatory framework is used in the development and application of neurotechnology and other emerging technologies in the administration of justice in civil and criminal matters. In so doing, please indicate whether the existing regulatory framework has been amended to accommodate the use of neurotechnology and other emerging technologies or whether specific regulation has been adopted for this purpose. 
• Please indicate how the protection of and processing of neural data[3.2] and biometric data[3.3] that indirectly informs about neural activity is legally guaranteed and enforced in the administration of justice in civil and criminal matters. 
• Please provide information on the human rights risks and required safeguards regarding the use of neurotechnology and other emerging technologies in the administration of justice in civil and criminal matters.
• Please provide information on the measures taken in the development and use of neurotechnology and other emerging technologies in the administration of justice in civil and criminal matters to ensure protection of human rights including, but not limited to, the rights to freedom of thought, conscience, and religion, freedom of opinion and expression, freedom from torture and ill-treatment, the rights to privacy, liberty and security, fair trial and due process guarantees, non-discrimination, gender equality and effective remedies. 
• Please indicate whether human rights impact assessments are undertaken prior to the design and implementation of neurotechnology and other emerging technologies used in the administration of justice, in civil and criminal matters whether regular monitoring and evaluation are undertaken at later stages, and whether such assessments are made public. 
• Please provide information on how neurotechnology and other emerging technologies negatively impact persons often in vulnerable situations in the administration of justice, in civil and criminal matters, such as persons deprived of their liberty, women, child and juveniles, persons with disabilities, migrants, minorities, indigenous peoples and people of African descent.
• Please provide information about whether specific measures have been taken to ensure accountability and access to remedies for violation of human rights resulting from the use of neurotechnology and other emerging technologies in the administration of justice in civil and criminal matters.
• Please provide information on any decisions taken by the judiciary relating to the use of neurotechnology and other emerging technologies in the administration of justice in civil and criminal matters.