On September 5, 2024, the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (AI Treaty) opened for signature. Like the European Union’s (EU’s) AI Act of June 13, 2024, it adopts a risk-based approach but does not establish redlines for certain AI uses.
The Council of Europe is a 46-member international organization devoted to the protection of human rights. The AI Treaty is based on the Council of Europe’s standards on human rights, democracy, and the rule of law.
The AI Treaty may be signed by member states of the Council of Europe, the non-member states that participated in its drafting, and the EU. The eleven non-member states that helped draft the treaty are Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States, and Uruguay. Five signatories, including at least three member states of the Council of Europe, must ratify the AI Treaty for it to enter into force, after which other non-Council of Europe members may accede to it. (Arts. 30, 31.)
Aim and Scope
The AI Treaty is a framework treaty, meaning a legally binding agreement that establishes broad commitments by its parties but leaves details to national legislation or other instruments. It aims to ensure that AI systems comply with human rights, democracy, and the rule of law. Parties agree to adopt or maintain appropriate legislative, administrative, or other measures to ensure compliance. The AI Treaty applies to activities undertaken by private and public actors that may interfere with human rights, democracy, and the rule of law. Exceptions apply to activities to protect national security interests, national defense, and research and development activities regarding AI systems not yet made available for use. (Arts. 1, 3.)
Definition
An “artificial intelligence system” is defined 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.” (Art. 2.)
General Principles
The AI Treaty obligates parties to adopt measures to implement the following general principles:
- Respect of human dignity and individual autonomy
- Transparency and oversight of AI systems tailored to the specific contexts and risks
- Accountability and responsibility for adverse impacts on human rights, democracy, and the rule of law
- Respect of equality, prohibition of discrimination, and overcoming inequalities
- Protection of privacy and personal data protection
- Promotion of the reliability of AI systems and trust in their outputs
- Establishment of controlled environments for developing, experimenting, and testing AI systems (Arts. 6-13.)
Risk and Impact Management Framework
Parties must implement measures for the identification, assessment, prevention, and mitigation of risks posed by AI systems. The measures must be graduated and differentiated depending on the risk potential. The AI Treaty allows all AI uses, but parties must assess the need for a moratorium, ban, or other appropriate measures where uses are incompatible with the aims of the treaty. (Art. 16.)
Remedies and Safeguards
Parties to the treaty must provide accessible and effective remedies for violations of human rights resulting from the activities within the lifecycle of AI systems. This includes requiring sufficient documentation of relevant information regarding AI systems, access to this documentation, and the right to file a complaint with the national authorities. Procedural safeguards must be provided. People must be informed that they are interacting with an AI system. (Arts. 14, 15.)
Follow-up Mechanism, Cooperation, and Oversight
The AI Treaty provides for a follow-up mechanism and international cooperation. It establishes a Conference of the Parties to consult on the application and implementation of the treaty, assess possible supplements or amendments, and interpret treaty provisions, among other tasks. Parties to the treaty must report periodically to the Conference of the Parties regarding measures taken to implement the treaty obligations. Parties must cooperate with each other and exchange relevant information. Lastly, they must establish or designate a body to oversee compliance. (Arts. 23-26.)
Jenny Gesley, Law Library of Congress
September 24, 2024
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