On September 5, 2024, the Council of Europe (COE) opened for signature the first ever global treaty on artificial intelligence (AI), entitled Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the Treaty).
The Treaty is intended to cover the entire lifecycle of an AI system and address activities that may interfere with human rights, democracy and the rule of law. It will require adopting parties to ensure activities associated with AI systems are consistent with human rights obligations enshrined in international law and relevant domestic law. Adopting parties must also implement and maintain measures to ensure that AI systems (i) are not used to undermine the integrity and independence of democratic institutions; and (ii) respect judicial independence along with access to justice.
The Treaty sets out several principles for adopting parties to implement in their domestic legal systems, including:
- Transparency and Oversight: Adopting parties must adopt or maintain transparency and oversight requirements that are appropriate for the risks associated within the lifecycle of AI systems, such as ensuring the identification of AI-generated content.
- Equality and Non-Discrimination: Adopting parties must implement measures that ensure equality is respected within the AI system lifecycle and discrimination is prohibited. The Treaty also directs parties to adopt measures for overcoming inequalities and achieving fair outcomes with respect to AI system activities.
- Privacy and Personal Data Protection: Adopting parties must put in place or maintain measures that protect individuals’ privacy rights and their personal data.
The Treaty has the potential for global impact by inviting signatures from states and organizations worldwide. Its current signatories include the United States, United Kingdom, and European Union – with the COE looking forward to more signatures in the future.
Summary By: Imtiaz Karamat
E-TIPS® ISSUE
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