Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law

This article provides an overview of the content and the effect of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law.

The Council of Europe is an independent organisation from the European Union (EU) and, together with its European Court of Human Rights, is dedicated to the protection of human rights, democracy, and the rule of law. It consists of 46 member states, including all 27 EU countries, and is responsible for the protection of 680 million people, covering regions from Greenland to Azerbaijan.

The 133rd Session of the Committee of Ministers of the Council of Europe in May 2024 marked a significant milestone in the regulation of artificial intelligence (AI) systems. The session saw the adoption of the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. The use of artificial intelligence in the EU is regulated by the recently adopted AI Act, the world's first comprehensive law on AI regulation (link to CMS's blog post on the AI Act).

Goals

The Framework Convention acknowledges the potential of AI systems to promote human prosperity, individual and societal well-being, sustainable development, gender equality, and other important goals and interests.

It is particularly concerned with the risks of discrimination in digital contexts, the misuse of AI systems, and the erosion of privacy and individual autonomy through arbitrary or unlawful surveillance and censorship practices.

Scope

The Framework Convention is open for accession to not only the Council of Europe's member states but also countries worldwide. Ratifying the Convention legally binds the signatories to its provisions. The negotiations for the Convention involved countries outside the Council of Europe, such as the USA, Canada, and Israel.

When regulating the private sector, however, countries can choose to implement their own measures instead of the Convention's provisions. This is criticised because it is seen as leading to a dilution. The Council of Europe responds that this is necessary due to the different legal systems. The provisions also do not apply to matters of national security and defence.

Definitions of AI systems

The Framework Convention defines an AI system as a machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations, or decisions that may influence physical or virtual environments. The system's levels of autonomy and adaptiveness after deployment can vary. This essentially adopts the definition from the EU AI Act.

Obligations during the lifecycle of AI

In addition to a series of general obligations, including the protection of human rights, the integrity of democratic processes, and respect for the rule of law, the Framework Convention sets forth principles related to the use of AI. These include transparency and oversight, accountability and responsibility, equality and non-discrimination, privacy and personal data protection, reliability, and safe innovation.

The Convention further requires each party to adopt or maintain measures for the identification, assessment, prevention, and mitigation of risks posed by AI systems. It also encourages parties to assess the need for a moratorium or ban on certain uses of AI systems that are incompatible with the principles laid down by the Convention.

The Convention also encourages the promotion of digital literacy and skills for all segments of the population.

Remedies for violations of human rights

Remedies for violations of human rights resulting from AI activities are also established. This includes measures to ensure that relevant information regarding AI systems is documented and, where appropriate, made available to affected persons. It also provides for the possibility of persons concerned to lodge a complaint to competent authorities.

A global framework for the use of AI

The Framework Convention is a globally applicable legal framework for a common system of values that recognises the benefits and advantages of AI. It remains to be seen whether the countries will take advantage of the option to implement their own measures instead of the provisions of the Convention when regulating the private economy.