In September 2024, the Council of Europe made a historic decision that could redefine the legal framework for artificial intelligence (AI) use on a global level. This document, known as the “Convention on Human Rights, Democracy, and the Rule of Law in the Context of AI,” became the first legally binding international treaty aimed at regulating AI technologies. The adoption of such a document is not just another attempt to create rules for the digital age; it is a step toward forming global standards designed to protect human rights in a world where technologies are advancing faster than ever before.
September 30, 2024
V. Korchagin, Editor at FUTURUM
Why is this important?
The development of AI has transformed many aspects of life: from medicine to finance, from education to public services. With this rapid technological growth, the need for legal and ethical standards has become increasingly urgent, ensuring safety and protecting citizens from potential misuse. The Council of Europe’s convention reflects the understanding that without clear frameworks and control mechanisms, AI could become a tool for human rights violations, including the right to privacy and protection from discrimination.
The convention aims to create a safe environment for the use of AI, ensuring the observance of democratic norms and the rule of law. This milestone is the result of more than two years of work by an intergovernmental committee that included representatives from 46 countries. Key participants in this process were the European Union, the United States, Canada, and Japan, underscoring the global significance of the adopted document.
Key Provisions of the Convention
One of the central elements of the new convention is transparency and accountability of AI systems. All AI technologies must function in such a way that their actions and decisions are clear to users. Developers and companies are obligated to disclose how AI works and explain who is responsible for the decisions made by AI-based systems. This is necessary to prevent errors and misuse, especially in cases where AI is involved in important decisions, such as in healthcare or justice.
Another critical aspect of the convention is the protection of human rights. As AI is increasingly used to analyze vast amounts of data, including personal information, there is a growing risk of privacy violations. The convention mandates that member states take necessary measures to safeguard these rights, including developing mechanisms to prevent discrimination and the misuse of data. One such tool is the mandatory audit of AI systems to ensure compliance with privacy and data protection principles.
Equally important is the ethical responsibility in AI development. The convention prescribes the mandatory inclusion of ethical norms in the creation and implementation of AI. This is intended to minimize negative societal consequences and prevent possible abuses. The convention emphasizes the need to assess risks associated with the development and use of AI to preempt potential issues.
International Cooperation
The document also highlights the need for international cooperation in regulating AI. In the context of globalization and rapid technological advancement, no country can single-handedly establish a robust system for protecting human rights in relation to AI. The convention calls on nations to coordinate their efforts and share experiences to collectively address the challenges posed by AI.
To ensure compliance with all provisions of the convention, an independent body has been established to monitor how countries are upholding their commitments. This entity will not only oversee adherence to legal norms but also provide updates and recommendations as AI technologies evolve.
One of the unique aspects of this convention is its flexibility. Countries are given the option to adapt the document’s provisions in accordance with their national legal systems. This makes the convention universal and applicable across different jurisdictions, taking into account the legislative frameworks and traditions of various states.
