On 5 September the Council of Europe opened for signature the landmark Framework Convention on Artificial Intelligence and Human Rights, Democracy and The Rule of Law. It was already signed by Andorra, Georgia, Iceland, Norway, the Republic of Moldova, San Marino, the United Kingdom, Israel, the United States of America and the European Union – see up to date list of signatories here.
If you want a breakdown of the Convention, the Future of Privacy Forum has a very good one here.
Some key facts:
➡️ Adoption date: 17 May 2024.
➡️ Open for signature: 5 September 2024. From this date, member and non-member states can begin signing and committing to the obligations under the treaty.
➡️ Once a state signs and ratifies the convention, it will have to implement the treaty’s obligations into its domestic laws. While the specific deadline for implementation may vary by state, typically such conventions expect timely adoption, often within 1-3 years depending on national legal systems and processes. States will need to enact legislative and administrative measures aligned with the treaty’s principles, including provisions for a risk-based approach, transparency, accountability, and privacy.
➡️ States must adopt mechanisms for testing AI systems before first use or when significantly modified, as outlined in Article 16(2)(g). While no strict deadline is provided, testing and risk assessments must be continual and throughout the lifecycle of AI systems.
➡️ States have discretion to impose moratoriums or bans on specific AI uses deemed incompatible with human rights under Article 16(4). There is no fixed timeline for this, as states are encouraged to base their decisions on ongoing risk assessments.
➡️ The convention does not require members to apply its obligations to AI systems used for national security or national defense, but they must still comply with other international human rights laws.
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