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Editor’s Note: The recent signing of the Council of Europe Framework Convention on artificial intelligence (AI), human rights, democracy, and the rule of law marks a milestone moment in AI governance. This treaty represents a concerted global effort to regulate AI technologies in a way that aligns with core democratic values. For cybersecurity, information governance, and eDiscovery professionals, this development underscores the increasing need to ensure AI compliance with evolving legal frameworks, emphasizing transparency, data protection, and human rights. The treaty is a critical reference point for countries and organizations worldwide, signaling the shift toward accountable AI development and deployment.

Industry News – Artificial Intelligence Beat

AI Meets Accountability: Understanding the Council of Europe’s New AI Framework

ComplexDiscovery Staff

In a landmark development, the United States, United Kingdom, European Union, and several other countries have formally signed the Council of Europe Framework Convention on artificial intelligence and human rights, democracy, and the rule of law. This treaty, the first of its kind, was adopted to ensure that AI systems align with human rights, promote democracy, and uphold the rule of law throughout their lifecycle, from development to deployment. The signing ceremony took place in Vilnius, Lithuania, where representatives from Andorra, Georgia, Iceland, Norway, Moldova, and Israel also endorsed the accord.

Council of Europe Secretary General Marija Pejčinović Burić remarked, “We must ensure that the rise of AI upholds our standards rather than undermining them. The Framework Convention is designed to ensure just that. It is a strong and balanced text – the result of the open and inclusive approach by which it was drafted and ensured that it benefits from multiple and expert perspectives.” This legally binding treaty will come into effect three months after at least five signatories, including three Council of Europe member states, complete their ratification process.

The treaty sets out key principles that AI systems must follow, focusing on transparency, protection of user data, and adherence to legal frameworks. It mandates signatory countries to adopt legislative, administrative, or other measures to reflect these standards, thereby promoting innovation while mitigating risks to human rights and public safety. The treaty has garnered support from countries worldwide, including non-Council of Europe members such as Argentina, Australia, Canada, Costa Rica, Japan, Mexico, Peru, Uruguay, and the Holy See, who all participated in the negotiation process since it began in 2019.

Justice Secretary Shabana Mahmood, who signed the treaty for the UK, highlighted the importance of this agreement in her remarks, “Artificial Intelligence has the capacity to radically improve the responsiveness and effectiveness of public services, and turbocharge economic growth. However, we must not let AI shape us – we must shape AI. This convention is a major step to ensuring that these new technologies can be harnessed without eroding our oldest values, like human rights and the rule of law.”

The Framework Convention introduces several safeguards to protect human rights, uphold democracy, and ensure the rule of law. These include mechanisms to prevent AI from undermining public institutions and to regulate AI risks comprehensively. The treaty calls for protecting citizens from potential harms such as misinformation and biased decision-making, urging governments to safeguard privacy and ensure non-discrimination.

The Council of Europe Committee of Ministers adopted the treaty on May 17, 2024, and it has since been open for signatures. This Framework Convention is seen as a potential blueprint for other countries developing their own AI regulations. Despite some concerns about the enforcement robustness, the legal framework it establishes serves as a foundational step towards global AI governance that prioritizes safety, ethics, and human rights. The Council of Europe, comprising 46 member states, remains at the forefront of this initiative, encouraging further international cooperation on this critical issue.

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Photo of Alan N. Sutin Alan N. Sutin

Alan N. Sutin is Chair of the firm’s Technology, Media & Telecommunications Practice and Senior Chair of the Global Intellectual Property & Technology Practice. An experienced business lawyer with a principal focus on commercial transactions with intellectual property and technology issues and privacy

Alan N. Sutin is Chair of the firm’s Technology, Media & Telecommunications Practice and Senior Chair of the Global Intellectual Property & Technology Practice. An experienced business lawyer with a principal focus on commercial transactions with intellectual property and technology issues and privacy and cybersecurity matters, he advises clients in connection with transactions involving the development, acquisition, disposition and commercial exploitation of intellectual property with an emphasis on technology-related products and services, and counsels companies on a wide range of issues relating to privacy and cybersecurity. Alan holds the CIPP/US certification from the International Association of Privacy Professionals.

Alan also represents a wide variety of companies in connection with IT and business process outsourcing arrangements, strategic alliance agreements, commercial joint ventures and licensing matters. He has particular experience in Internet and electronic commerce issues and has been involved in many of the major policy issues surrounding the commercial development of the Internet. Alan has advised foreign governments and multinational corporations in connection with these issues and is a frequent speaker at major industry conferences and events around the world.