The first international treaty on artificial intelligence and human rights has been born. The Council of Europe has adopted the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, the first legally binding international treaty aimed at ensuring compliance with legal standards on human rights, democracy and the rule of law in the use of artificial intelligence (AI) systems. The signing took place at the informal meeting of the Council of Europe Ministers of Justice in Vilnius, Lithuania. Among the negotiating parties were the EU, other Council of Europe member states, the Holy See, the United States, Canada, Mexico, Japan, Israel, Australia, Argentina, Peru, Uruguay and Costa Rica.
The treaty, open to non-European countries as well, establishes a legal framework covering the entire lifecycle of AI systems and addresses the risks that such systems may present, while promoting responsible innovation. The convention adopts a risk-based approach to the design, development, use and decommissioning of AI systems, requiring careful examination of all potential negative consequences related to the use of AI systems.
The convention is consistent with EU AI law and other European Union regulations and includes a number of key concepts from AI law, such as:
– A particular focus on human-centric AI, consistent with human rights, democracy and the rule of law
– A risk-based approach
– Fundamental principles for trustworthy AI (e.g. transparency, robustness, security, governance and data protection)
– Transparency for AI-generated content and in interactions with AI systems
– Strengthened documentation, accountability and means of redress
– Support for safe innovation through regulatory sandboxes
– Risk management obligations
– Documentation obligations
– Oversight mechanisms for the supervision of AI activities
The principles and obligations set out in the convention will apply to activities within the lifecycle of AI systems undertaken by public authorities or private actors acting on their behalf. With regard to private sector actors, although they must still address the risks and impacts of AI systems in a manner aligned with the objectives of the convention, they have the option of directly applying the convention’s obligations or implementing appropriate alternative measures.
The convention will be implemented in the EU through the AI Act, which contains generally fully harmonised rules for the placing on the market, putting into service and use of AI systems, supplemented by other relevant Union acquis, where appropriate.
