Abstract
Regulation of the digital space has, so far, focused on the rights to privacy and data protection or the right to freedom of expression. But the increased impact of digital technology and artificial intelligence (AI) on the way we think, feel and behave calls for a new perspective on regulation to protect our rights to freedom of thought and opinion in the “forum internum.” These rights are absolute rights and, as such, require a different and radical approach to regulation including the potential to ban the use of technology that interferes with our minds in any sphere. International and regional organisations like the Council of Europe and UN Special Rapporteurs are increasingly recognising the risks posed by technology for human agency and autonomy. There is an opportunity for Europe to take the lead in regulating digital technology to protect freedom of thought and the potential for innovation in the future. This requires a new approach that must embed the Precautionary Principle in technological research and development as well as the definition of practices that may never be permissible.
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