Council of Europe Adopts Convention on Artificial Intelligence

On May 17, 2024, the Council of Europe adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law. This Convention marks the first legally binding international treaty on AI for its signatories and will be open for signature on September 5, 2024. Representatives from the 46 Council of Europe member states, the European Union, and 11 non-member states, including the United States, Japan, and Australia, participated in drafting the Convention.

The Convention closely mirrors the EU AI Act, covering the use of AI systems in both public and private sectors, with exceptions for national security and R&D activities. It adopts the OECD’s definition of AI and mandates transparency, accountability, equality, privacy, and reliability, aligning with the EU AI Act’s core themes. Signatories are required to implement laws or legal measures to enforce these principles.

The Convention allows signatories to adopt legislative, administrative, or other measures based on a risk-based approach, considering the severity and probability of adverse impacts on human rights, democracy, and the rule of law throughout AI systems’ lifecycle. It provides flexibility for jurisdictions to establish appropriate remedies and oversight mechanisms and encourages cooperation and information exchange among signatories.

The Council of Europe, distinct from the European Union, was founded in 1949 to promote and safeguard human rights enshrined in the European Convention on Human Rights. It includes 47 countries, encompassing all EU member states. This Convention represents a significant step in forming an international consensus on AI legislation among Council of Europe signatories.