DRAFT FRAMEWORK CONVENTION ON ARTIFICIAL INTELLIGENCE, HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

Disclaimer:

Preamble

Chapter I: General provisions

Chapter II: General obligations

Chapter III: Principles related to activities within the lifecycle of artificial intelligence systems

Chapter IV: Remedies

Chapter V: Assessment and Mitigation of Risks and Adverse Impacts

Chapter VI: Implementation of the Convention

Chapter VII: Follow-up mechanism and cooperation

Chapter VIII: Final clauses

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

As published on 18 December 2023

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DRAFT FRAMEWORK CONVENTION ON ARTIFICIAL INTELLIGENCE, HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

14 words

Disclaimer:

62 words

Preamble

878 words

The member States of the Council of Europe and the other signatories hereto,

1. Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for human rights and fundamental freedoms, democracy and the rule of law;

2. Recognising the value of fostering cooperation between the Parties to this Convention and of extending such cooperation to other States sharing the same values;

3. Conscious of the accelerating developments in science and technology and the profound changes brought about through [by the design, development, use and decommissioning of] artificial intelligence systems which have the potential to promote human prosperity as well as individual and societal well-being, sustainable development, gender equality and the empowerment of all women and [children/girls], and other important goals and interests, by enhancing progress and innovation;

4. Recognising that artificial intelligence systems may be designed, developed and used to offer unprecedented opportunities to protect and promote human rights and fundamental freedoms, democracy and the rule of law;

5. [Concerned that the design, development, use and decommissioning of artificial intelligence systems may undermine human dignity and individual autonomy, human rights and fundamental freedoms, democracy and the rule of law;]

6. [Expressing deep concern that discrimination in digital contexts, particularly those involving artificial intelligence systems, prevent women, [girls/children], and members of other groups from fully enjoying their human rights and fundamental freedoms, which hinders their full, equal and effective participation in economic, social, cultural and political affairs;

7. [Opposing the misuse of artificial intelligence technologies and] / [Striving to prevent unlawful and unethical uses of artificial intelligence systems] / [Condemning/concerned by the documented and ongoing use of artificial intelligence systems by some States for repressive purposes, often by leveraging private sector tools, in violation of international human rights law, including through arbitrary or unlawful surveillance and censorship practices that erode privacy and autonomy;]

8. Conscious of the fact that human rights and fundamental freedoms, democracy and the rule of law are inherently interwoven;

9. Convinced of the need to establish, as a matter of priority, a globally applicable legal framework setting out common general principles and rules governing the design, development, use and decommissioning of artificial intelligence systems effectively preserving the shared values and harnessing the benefits of artificial intelligence for the promotion of these values in a manner conducive to responsible innovation;

10. Recognising the need to promote digital literacy, knowledge about, and trust in the design, development, use and decommissioning of artificial intelligence systems;

11. Recognising the framework character of the Convention which may be supplemented by further instruments to address specific issues relating to the design, development, use and decommissioning of artificial intelligence systems;

12. [Noting relevant efforts to advance international understanding and cooperation on artificial intelligence by other international and supranational organisations and fora;]

13. Mindful of applicable international human rights instruments, such as the 1948 Universal Declaration of Human Rights, the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, the 1966 United Nations International Covenant on Civil and Political Rights, the 1966 United Nations International Covenant on Economic, Social and Cultural Rights and their protocols, and the 1961 European Social Charter and its protocols and the 1996 Revised European Charter;

14. [Mindful also of the 1989 United Nations Convention on the Rights of the Child, and the principle of equality and non-discrimination, including gender equality and rights of discriminated groups and individuals in vulnerable situations;]

15. [Option A] [Mindful also of the [protections for] [right to] privacy and [the protection of]] personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols;]

[Option B] [Recalling also the need of ensuring respect of the right to respect for private and family life, and the right to the protection of personal data for Parties to the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols;]

[Option C] [Recalling also the need of ensuring respect of the right to respect for private and family life and the right to the protection of personal data, as applicable and conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols;]

16. Underlining that the present Convention is intended to [address] the specific challenges arising from the design, development, use and decommissioning of artificial intelligence systems;

17. [Option A] Affirming the commitment of Parties to protecting human rights and fundamental freedoms, democracy and the rule of law, [and to fostering lawful, ethical, responsible, fair, accountable and transparent design, development, use and decommissioning of these technologies];

[Option B] [Affirming the commitment of Parties to protecting human rights, democracy and the rule of law, including through fostering lawful, ethical, non-discriminatory, accountable, safe and transparent design, development, use and decommissioning of artificial intelligence systems;]

[Option C] [Recognising the need to promote transparency, explainability, accountability, human agency and oversight, technical robustness and safety, and privacy and data governance in the design, development, use and decommissioning of artificial intelligence systems;]

Have agreed as follows:

Chapter I: General provisions

886 words

Article 1 – Object and purpose

135 words

Article 2 – Artificial intelligence systems

63 words

Article 3 – Scope

684 words

Proposals regarding public/private and research activities

411 words

[Option A]

71 words

[Option B]

138 words

Alternative proposal

31 words

[Option C]

164 words

Proposals regarding national security to be added in options A to C [Option A]

237 words

Proposal on national defence to be added in options A to C

33 words

Chapter II: General obligations

158 words

Chapter III: Principles related to activities within the lifecycle of artificial intelligence systems

513 words

[This Chapter sets forth general common principles that each Party shall implement in regards to [incorporate in the lifecycle of] artificial intelligence systems in a manner appropriate to its domestic legal system and the other obligations of this Convention.]

Article 6 – Human dignity and individual autonomy

31 words

Article 7 – Transparency and oversight

73 words

Article 8 – Accountability and responsibility

45 words

Article 9 – Equality and non-discrimination

76 words

Article 10 – Privacy and personal data protection

74 words

Article 11 – Preservation of health [and the environment]

33 words

Article 12 – Reliability and trust

59 words

Article 13 – Safe innovation

70 words

Chapter IV: Remedies

341 words

Article 14 – Remedies

215 words

Article 15 – Procedural safeguards

123 words

Chapter V: Assessment and Mitigation of Risks and Adverse Impacts

322 words

Article 16 – Risk and impact management framework

312 words

1. [Each Party shall take measures for the identification, assessment, prevention and mitigation of risks and impacts to human rights, democracy and rule of law arising from the design, development, use and decommissioning of artificial intelligence systems within the scope of this Convention.

2. Such measures shall take into account the risk-based approach referred to in Article 1 and:

a. contain adequate requirements which take due account of the context and intended use of artificial intelligence systems, in particular as concerns risks to human rights, democracy, the rule of law and the preservation of the environment;

b. take account of the severity, duration and reversibility of any potential risks and adverse impacts;

c. integrate the perspective of all relevant stakeholders, including any person whose rights may be potentially impacted through the design, development, use and decommissioning of the artificial intelligence system;

d. require the recording, monitoring and due consideration of adverse impacts resulting from the use of artificial intelligence systems;

e. ensure that the risk and impact management processes are carried out iteratively throughout the design, development, use and decommissioning of the artificial intelligence system;

f. require proper documentation of the risk and impact management processes;

g. require, where appropriate, publishing of the information about efforts to identify, assess, mitigate and prevent risks and adverse impacts undertaken;

h. require the implementation of sufficient preventive and mitigating measures to address the risks and adverse impacts identified, including, if appropriate, a requirement for prior testing of the system before it is made available for first use;

3. Each Party shall take such legislative or other measures as may be required to put in place mechanisms for a moratorium or ban or other appropriate measures in respect of certain uses of artificial intelligence systems where such practices are considered incompatible with the respect of human rights, the functioning of democracy and the rule of law.]

Chapter VI: Implementation of the Convention

389 words

Article 17 – Non-discrimination

22 words

Article 18 – Rights of persons with disabilities and of children

46 words

Article 19 - Protection of whistleblowers

39 words

Article 20 – Public consultation

136 words

Article 21 – Digital literacy and skills

41 words

Article 22 – Relationship with other legal instruments

62 words

Article 23 – Wider protection

37 words

Chapter VII: Follow-up mechanism and cooperation

944 words

Article 24 – Conference of the Parties

477 words

New paragraphs 1 and 6 are proposals by the Secretariat, as mandated by the Committee

1. [The Conference of the Parties shall be composed of representatives of the Parties to the Convention.]

2. Parties shall consult periodically with a view to:

a. facilitating the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration [or reservation] made under this Convention;

b. considering the possible supplementation or amendment of the Convention;

c. considering matters [and making specific recommendations] concerning the interpretation and application of this Convention;

d. facilitating the exchange of information on significant legal, policy or technological developments of relevance [including in pursuit of the objectives of article 25,] for the implementation of this Convention;

e. facilitating, where necessary, the friendly settlement of disputes related to the application of this Convention;

f. facilitating cooperation with relevant stakeholders, including where appropriate through public hearings concerning pertinent aspects of the implementation of the Convention.

2. The Conference of the Parties shall be convened by the Secretary General of the Council of Europe whenever the latter finds it necessary and in any case when a majority of the Parties or the Committee of Ministers request its convocation.

3. The Conference of the Parties shall adopt its own rules of procedure by consensus.

4. [Within the areas of its competence, the European Union shall exercise its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Convention; the European Union shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely2].

5. Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this article.

6. [The Conference of the Parties may propose to the Committee of Ministers appropriate ways to engage relevant expertise in support of the effective implementation of the Convention.]

7. [Any Party which is not a member of the Council of Europe shall contribute to the funding of the activities of the Conference of the Parties in an amount and according to modalities to be established by the Committee of Ministers [in agreement with that Party].]

8. The Conference of the Parties may decide to restrict the participation in its work of a Party that has ceased to be a member of the Council of Europe under Article 8 of the Statute of the Council of Europe for a serious violation of Article 3 of the Statute. Similarly, measures can be taken in respect of any Party non-member State of the Council of Europe concerned by a decision of the Committee of Ministers ceasing its relations with it on grounds similar to those mentioned in Article 3 of the Statute.

Article 25 – International co-operation

325 words

1. Parties shall co-operate in the realisation of the purpose of this Convention.

2. Parties shall, as appropriate, exchange relevant and useful information between themselves concerning aspects related to artificial intelligence which may have significant positive or negative effect on the enjoyment of human rights, the functioning of democracy and the observance of rule of law, including risk and effects that have arisen in research contexts.

3. Parties are encouraged to, as appropriate, assist States that are not Party to this Convention in acting consistently with the terms of this Convention and becoming Party to it.

4. Parties are encouraged to, as appropriate, involve relevant non-State actors in the exchange of information referred to under Paragraph 2.

5. Parties are encouraged to strengthen cooperation to prevent and mitigate risks and adverse impacts on human rights, democracy and the rule of law in the context of activities within the lifecycle of artificial intelligence systems.

New proposal by the Secretariat as mandated by the Committee

Article 26 – Effective oversight mechanisms

135 words

Chapter VIII: Final clauses

1259 words

Article 27 – Effects of the Convention

78 words

Article 28 – Amendments

164 words

Article 29 – Dispute settlement

113 words

Article 30 – Signature and entry into force

206 words

Article 31 – Accession

146 words

Article 32 – Territorial application

180 words

Article 33 – Federal clause (to be drafted)

7 words

Article 34 – Reservations4

51 words

Article 35 – Denunciation

62 words

Article 36 – Notification

248 words

References

1 a proposal by the Secretariat
2 Paragraph 4 is a proposal by the Secretariat;
3 The question of how to count the number of signatures in the case of the European Union signing will be examined and revised at a later stage.
4 While considering that reservations should in principle not be necessary, whether or not it is appropriate to provide for reservations will be considered as the CAI examines the other Chapters of the Convention.