The Council of Europe’s Framework Convention on Artificial Intelligence has been signed by the UK, along with the EU, USA, and others.

The Convention, which we have previously commented upon here, is the world’s first international treaty addressing the risks of artificial intelligence. It seeks to respond to and accommodate the different legislative and regulatory responses to AI in various jurisdictions by setting out broad principles to “ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with human rights, democracy and the rule of law”.

For example, the Convention requires signatory states to:

• ensure that activities within the lifecycle of artificial intelligence systems are consistent with obligations to protect human rights, as enshrined in applicable international law and in its domestic law;
• adopt or maintain measures to ensure that adequate transparency and oversight requirements tailored to the specific contexts and risks are in place in respect of activities within the lifecycle of artificial intelligence systems;
• adopt or maintain measures to ensure that, with regard to activities within the lifecycle of artificial intelligence systems, privacy rights of individuals and their personal data are protected;
• adopt or maintain measures that seek to ensure that artificial intelligence systems are not used to undermine the integrity, independence and effectiveness of democratic institutions and processes, including the principle of the separation of powers, respect for judicial independence and access to justice;
• ensure that, where an artificial intelligence system significantly impacts upon the enjoyment of human rights, effective procedural guarantees, safeguards and rights, in accordance with the applicable international and domestic law, are available to persons affected thereby; and
• enable, as appropriate, the establishment of controlled environments for developing, experimenting and testing artificial intelligence systems under the supervision of its competent authorities.

The Convention had come under some criticism while it was being drafted as some argued that its provisions had been ‘watered down’, particularly in relation to a lack of specific penalties that should be introduced by signatories for breaches of the Convention’s principles, as well as concern about the breadth of exemptions and the scope of the Convention as it applies to private actors. As drafted, the Convention will apply to public authorities and private actors acting on their behalf, but signatories have flexibility either to apply the principles and obligations directly to private actors or to take “other appropriate measures” to fulfil the obligations in the Convention.

A press release from the Ministry of Justice states that the Convention will “ensure countries monitor [AI’s] development and ensure any technology is managed within strict parameters. It includes provisions to protect the public and their data, human rights, democracy and the rule of law. It also commits countries to act against activities which fall outside of these parameters to tackle the misuse of AI models which pose a risk to public services and the wider public.”

Commenting on her signing the Convention on behalf of the UK, Lord Chancellor and Justice Secretary, Shabana Mahmood, said “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.”

To read the Convention in full, click here.