Council of Europe adopts first international treaty on artificial intelligence

On May 17 the Council of Europe adopted the Council of Europe Framework Convention on Artificial intelligence and human rights, democracy and the rule of law which constitute the first-ever international legally binding treaty aimed at ensuring the respect of human rights, the rule of law and democracy legal standards in the use of artificial intelligence (AI) systems. 

The Convention is the outcome of two years work by an intergovernmental body, the Committee on Artificial Intelligence, made of the 46 Council of Europe member states, the European Union and 11 non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America, and Uruguay), as well as representatives of the private sector, civil society and academia, who participated as observers.

The treaty, which is open also to non-European countries, has the primary aim to establish an international legal standard allowing different states to benefit from Artificial Intelligence while mitigating its risks. 

Following the principle of transparency and oversight requirements established in the convention, parties are called to adopt measures to identify, assess, prevent, and mitigate possible risks and assess the need for a moratorium, a ban or other appropriate measures concerning uses of AI systems where their risks may be incompatible with human rights standards. 

They will also have to ensure accountability and responsibility for adverse impacts of AI, providing legal remedies for victims of human rights violation related to its use.

As regards the risk for democracy, the treaty stipulates the adoption of measures aimed at safeguarding democratic institutions and processes including the principle of separation of powers, respect for judicial independence and access to justice.

The treaty’s provision would not affect neither the protection of national security interests and defence, nor research and developments activities, except when the testing of AI systems may have the potential to interfere with human rights, democracy or the rule of law.

As for implementation, at the national level the Convention requires each party to establish an independent oversight mechanism, within a framework of public and informed debate and multistakeholder consultation on the proper use of AI technology. At the international level, the convention establishes a follow-up mechanism in the form of a Conference of the Parties.

The framework convention will be opened for signature in Vilnius (Lithuania) on 5 September on the occasion of a conference of Ministers of Justice.