The EU Commission has signed the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law on behalf of the EU and its Member States. During the informal conference of Justice Ministers of the Council of Europe Member States in Vilnius, Lithuania, Věra Jourová, the European Commission Vice-President responsible for Values and Transparency, signalled its participation in the Framework Convention with her signature.
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In terms of content, the EU is already implementing the relevant points with the AI Act. The convention itself is the first legally binding instrument on artificial intelligence (AI) that has international significance. It is a legally binding contract. States can decide for themselves whether to sign the convention or not. If they do they must comply with it. Other signatories include Andorra, Georgia, Iceland, Norway, Moldova, San Marino, the United Kingdom, Israel, and the United States.
Council of Europe hopes for more signatories
The European Union took a very active part in the negotiations, The commission announced this on Thursday, conference (PDF) These include, for example, a focus on AI that is consistent with human rights, democracy, and the rule of law, transparency in AI-generated content, targeted documentation, key principles for trustworthy AI, a commitment to risk management, and agreement on supervisory mechanisms for monitoring AI activities.
“We must ensure that the growing use of AI preserves our norms rather than undermines them.” Marija Pejcinovic Buric saidSecretary General of the Council of Europe. The aim of the Convention is exactly this. “I hope that this will be the first of many signatures and that ratifications will follow soon after so that the Treaty can enter into force as soon as possible.” Accession is open to members of the Council of Europe, the European Union and other third countries around the world.
Criticism is already in the conversation stage
The agreement provides a common approach so that the opportunities offered by AI can be exploited while ensuring that the systems are compatible with human values and rights. The agreement mainly refers to such systems: systems “which, through a risk-based and differentiated approach, could interfere with the above-mentioned human rights, democracy and the rule of law,” states the EU Commission. It affects AI systems used both by authorities and in the private sector. The agreement makes an exception for R&D and national security.
There was already criticism during the negotiations that the convention gives too much freedom to the states and therefore has little effect. The agreement does not live up to its objectives and is drawn too broadly. “Although there is no shortage of evidence of how tech companies use social media algorithms or deep fake generators to influence the formation of public opinion, the Council of Europe leaves it up to the states whether they want to adopt soft measures or binding legislation,” said Angela Müller from Algorithm Watch in May. The European Data Protection Supervisor also warned in the final stages of the negotiations that the convention could become a “missed opportunity”.
Conversation from September 2022
“With this signature, the EU expresses its intention to become a party to the Convention,” the EU Commission said in a statement. It is now preparing a proposal for a decision by the European Council on concluding the agreement. In addition, the European Parliament must still give its consent.
Negotiations on the agreement began in September 2022. It involved contributions from 68 international representatives from civil society, science, industry and other international organisations.
The Council of Europe (also Council of Europe or Conseil de l’Europe) is an international organisation founded in 1949 that comprises 46 European countries. It is not a body of the European Union and should not be confused with the European Council, which comprises the heads of government of EU member states, or the Council of the European Union (EU Council of Ministers).
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