Human rights principles

Convention on AI and human rights (draft July 2023)

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Consolidated Working Draft of the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law

COMMITTEE ON ARTIFICIAL INTELLIGENCE  (CAI) 

July 2023

This document was prepared by the Chair of the CAI with the assistance of the Secretariat following the first reading of the revised Zero Draft to serve as the basis for further negotiations of the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law.

It contains provisions which have preliminarily been agreed to during the first reading of the revised Zero Draft, as well as proposals drafted by the Chair with the assistance of the Secretariat. The latter provisions are marked with an asterisk and have not yet been discussed by the Committee.

This document does not preclude the final outcome of negotiations in the CAI.

Preamble

The member States of the Council of Europe and the other signatories hereto,

1.Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for human rights and fundamental freedoms, democracy and the rule of law;

2. Recognising the value of fostering cooperation between the Parties to this Convention and of extending such cooperation to other States sharing the same values;

3. Conscious of the accelerating developments in science and technology and the profound changes brought about through [by the design, development, use and decommissioning of] artificial intelligence systems which have the potential to promote human prosperity as well as individual and societal well-being, sustainable development, gender equality and the empowerment of all women and [children/girls], and other important goals and interests, by enhancing progress and innovation;

4. Recognising that artificial intelligence systems may be designed, developed and used to offer unprecedented opportunities to protect and promote human rights and fundamental freedoms, democracy and the rule of law;

5. [Concerned that the design, development, use and decommissioning of artificial intelligence systems may undermine human dignity and individual autonomy, human rights and fundamental freedoms, democracy and the rule of law;]

6. [Expressing deep concern that discrimination in digital contexts, particularly those involving artificial intelligence systems, prevent women, [girls/children], and members of other groups from fully enjoying their human rights and fundamental freedoms, which hinders their full, equal and effective participation in economic, social, cultural and political affairs;]

7. [Opposing the misuse of artificial intelligence technologies and] / [Striving to prevent unlawful and unethical uses of artificial intelligence systems] / [Condemning/concerned by the documented and ongoing use of artificial intelligence systems by some States for repressive purposes, often by leveraging private sector tools, in violation of international human rights law, including through arbitrary or unlawful surveillance and censorship practices that erode privacy and autonomy;]

8. Conscious of the fact that human rights and fundamental freedoms, democracy and the rule of law are inherently interwoven;

9. Convinced of the need to establish, as a matter of priority, a globally applicable legal framework setting out common general principles and rules governing the design, development, use and decommissioning of artificial intelligence systems effectively preserving the shared values and harnessing the benefits of artificial intelligence for the promotion of these values in a manner conducive to responsible innovation;

10. Recognising the need to promote digital literacy, knowledge about, and trust in the design, development, use and decommissioning of artificial intelligence systems;

11. Recognising the framework character of the Convention which may be supplemented by further instruments to address specific issues relating to the design, development, use and decommissioning of artificial intelligence systems;

12. [Noting relevant efforts to advance international understanding and cooperation on artificial intelligence by other international and supranational organisations and fora;]

13. Mindful of applicable international human rights instruments, such as the 1948 Universal Declaration of Human Rights, the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, the 1966 United Nations International Covenant on Civil and Political Rights, the 1966 United Nations International Covenant on Economic, Social and Cultural Rights and their protocols, and the 1961 European Social Charter and its protocols and the 1996 Revised European Charter;

14. [Mindful also of the 1989 United Nations Convention on the Rights of the Child, and the principle of equality and non-discrimination, including gender equality and rights of discriminated groups and individuals in vulnerable situations;]

15. [OptionA][Mindful also of the [protections for] [right to] privacy and [the protection of]] personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols;

[Option B] [Recalling also the need of ensuring respect of the right to respect for private and family life, and the right to the protection of personal data for Parties to the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols]

[Option C] [Recalling also the need of ensuring respect of the right to respect for private and family life and the right to the protection of personal data, as applicable and conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocols]

16. Underlining that the present Convention is intended to [address] the specific challenges arising from the design, development, use and decommissioning of artificial intelligence systems;

17. [Option A] Affirming the commitment of Parties to protecting human rights and fundamental freedoms, democracy and the rule of law, [and to fostering lawful, ethical, responsible, fair, accountable and transparent design, development, use and decommissioning of these technologies];

[Option B] [Affirming the commitment of Parties to protecting human rights, democracy and the rule of law, including through fostering lawful, ethical, non-discriminatory, accountable, safe and transparent design, development, use and decommissioning of artificial intelligence systems;]

[Option C] [Recognising the need to promote transparency, explainability, accountability, human agency and oversight, technical robustness and safety, and privacy and data governance in the design, development, use and decommissioning of artificial intelligence systems;]

Have agrees as follows:

Chapter I: General provisions 

Article 1 – Purpose and object 

1. This Convention sets out principles and obligations aimed at ensuring that design, development, use and decommissioning of artificial intelligence systems are fully consistent with respect for human dignity and individual autonomy, human rights and fundamental freedoms, the functioning of democracy and the observance of the rule of law.

2. In order to ensure effective implementation of its provisions by its Parties, this Convention establishes a follow-up mechanism.

Article 2 – Risk-based approach*

In order to give full effect to the principles and obligations set out in this Convention, each Party shall maintain and take such graduated and differentiated measures in its domestic legal system as may be necessary and appropriate in view of the severity and probability of occurrence of adverse impacts on human rights and fundamental freedoms, democracy and the rule of law during design, development, use and decommissioning of artificial intelligence systems.

Article 3 – Artificial intelligence systems*

For the purposes of this Convention, “artificial intelligence system” means any algorithmic system or a combination of such systems that uses computational methods derived from statistics or other mathematical techniques and that generates text, sound, image or other content or either assists or replaces human decision-making. The Conference of the Parties may, as appropriate, decide to give interpretation to this definition in a manner consistent with relevant technological developments.

Article 4 – Scope*

1. This Convention shall apply to design, development, use and decommissioning of artificial intelligence systems that have the potential to interfere with the respect for human rights and fundamental freedoms, the functioning of democracy and the observance of rule of law.

2. This Convention shall not apply to research and development activities regarding artificial intelligence systems unless the systems are tested or otherwise used in ways that have the potential to interfere with human rights and fundamental freedoms, democracy and the rule of law.

Chapter II: General obligations 

Article 5 – Respect for human rights and fundamental freedoms* 

Each Party shall take the necessary measures to ensure that all activities in relation to the design, development, use and decommissioning of artificial intelligence systems are compatible with relevant human rights and non-discrimination obligations undertaken by it under international law, or prescribed by its domestic law.

Article 6 – Integrity of democratic processes and respect for rule of law*

1. Each Party shall take the necessary measures to protect the ability of anyone to reach informed decisions free from undue influence or manipulation through the use of artificial intelligence systems in the context of equal and fair access to public debate and democratic processes, in particular democratic participation, freedom of assembly and freedom of expression, including the freedom to seek, receive and impart information of all kinds, as well the freedom to hold opinions without interference.

2. Each Party shall take the necessary measures to ensure that artificial intelligence systems are not used to undermine the integrity, independence and effectiveness of democratic institutions and processes, including respect for judicial independence and the principle of separation of powers.

Chapter III: Principles of design, development, use and decommissioning of artificial intelligence systems

Each Party shall observe the general common principles applicable to design, development, use, and decommissioning of artificial intelligence systems set forth in this Chapter, in a manner appropriate to its domestic legal system and the other obligations under this Convention. No restrictions, derogations, or exceptions to these principles shall be allowed, other than those already permitted under the domestic law of, and international legal obligations undertaken by, the Party in question in relation to the protection of national security, defence, public safety, health and morals, important economic and financial interests of the State, the impartiality and independence of the judiciary, or the prevention, investigation, and prosecution of disorder or crime, as well as the protection of the rights and freedoms of others. *

Article 7 – Transparency and oversight* 

Each Party shall take appropriate measures to ensure that adequate oversight mechanisms as well as transparency requirements tailored to the specific contexts and risks are in place in respect of design, development, use and decommissioning of artificial intelligence systems.

Article 8 – Accountability and responsibility* 

Each Party shall take measures necessary to ensure accountability and responsibility for violations of human rights and fundamental freedoms resulting from the design, development, use and decommissioning of artificial intelligence systems.

Article 9 – Equality and non-discrimination* 

1. Each Party shall take the necessary measures a view to ensuring that the design, development, use and decommissioning of artificial intelligence systems respect the principle of equality, including gender equality and non-discrimination.

2. Each Party is called upon to adopt special measures or policies aimed at eliminating inequalities and achieving fair, just and equal outcomes, in line with its applicable domestic and international human rights and non-discrimination obligations.

Article 10 – Privacy and personal data protection*

Each Party shall ensure that as regards the design, development, use and decommissioning of artificial intelligence systems:

a. the privacy of individuals is protected including through applicable domestic and international personal data protection and data governance laws and standards;

b. appropriate guarantees and safeguards have been put in place for data subjects, in line with its applicable domestic and international legal obligations.

Article 11 – Safety, security and robustness* 

Each Party shall take appropriate measures to ensure that adequate safety, security, performance, data quality, data integrity, data security, cybersecurity and robustness requirements are in place for the design, development, use and decommissioning of artificial intelligence systems.

Article 12 – Safe innovation* 

When testing artificial intelligence systems for research and innovation, each Party shall provide for a controlled regulatory environment for testing artificial intelligence systems under the supervision of its competent authorities, with a view to avoiding adverse impacts on human right, democracy and rule of law though the testing.

Chapter IV: Remedies

Article 13 – Remedies* 

Each Party shall, in a manner appropriate to its domestic legal system and the other obligations under this Convention, take measures ensuring the availability of effective remedies for violations of human rights and fundamental freedoms resulting from the use of artificial intelligence systems, including through:

a. appropriate measures to ensure that the relevant usage of the artificial intelligence system is recorded, provided to bodies authorized in accordance with its domestic law to access that information and, where appropriate and applicable, made available or communicated to the affected person concerned;

b. appropriate measures to guarantee the information referred to paragraph (a) is sufficient and proportionate for an effective possibility for the affected persons to contest the use of the system and the decision(s) made or substantially informed by the use of the system.

Article 14 – Procedural safeguards* 

Each Party shall, in a manner appropriate to its domestic legal system and the other obligations under this Convention, ensure that:

1. where an artificial intelligence system substantially informs or takes decisions [potentially] impacting on human rights and fundamental freedoms, there are effective procedural guarantees, safeguards and rights, in accordance with the applicable domestic and international law, available to anyone affected thereby;

2. any person has the right to know that one is interacting with an artificial intelligence system rather than with a human unless obvious from the circumstances and context of use and, where appropriate, shall provide for the option of interacting with a human in addition to, or instead of, such system.

Chapter V: Assessment and Mitigation of Risks and Adverse Impacts

Article 15 – Risk and impact management framework*

1. Each Party shall take measures for the identification, assessment, prevention and mitigation of risks and impacts to human rights, democracy and rule of law arising from the design, development, use and decommissioning of artificial intelligence systems within the scope of this Convention.

2. Such measures shall take into account the risk-based approach referred to in Article 2 and:

a. contain adequate requirements which take due account of the context and intended use of artificial intelligence systems, in particular as concerns risks to human rights, democracy, the rule of law and the preservation of the environment;

b. take account of the severity, duration and reversibility of any potential risks and adverse impacts;

c. integrate the perspective of all relevant stakeholders, including any person whose rights may be potentially impacted through the design, development, use and decommissioning of the artificial intelligence system;

d. require the recording, monitoring and due consideration of adverse impacts resulting from the use of artificial intelligence systems;

e. ensure that the risk and impact management processes are carried out iteratively throughout the design, development, use and decommissioning of the artificial intelligence system;

f. require proper documentation of the risk and impact management processes;

g. require, where appropriate, publishing of the information about efforts to identify, assess, mitigate and prevent risks and adverse impacts undertaken;

h. require the implementation of sufficient preventive and mitigating measures to address the risks and adverse impacts identified, including, if appropriate, a requirement for prior testing of the system before it is made available for first use;

3. Each party shall take such legislative or other measures as may be required to put in place mechanisms for a moratorium or ban or other appropriate measures in respect of certain uses of artificial intelligence systems where such practices are considered incompatible with the respect of human rights, the functioning of democracy and the rule of law.

Article 16 – Training* 

Each Party shall take appropriate measures, particularly in regard to training of those responsible for the design, development, use and decommissioning of artificial intelligence systems, with a view to ensuring that the relevant actors are capable of applying the relevant methodology or guidance to identify, assess, prevent and mitigate relevant risks and impacts in relation to the enjoyment of human rights, the functioning of democracy and the observance of rule of law.

Chapter VI: Implementation of the Convention

Article 17 – Non-discrimination

The implementation of the provisions of this Convention by the Parties shall be secured without discrimination on any ground such as sex, gender, sexual orientation, gender identity, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, state of health, disability or other status, or based on a combination of one or more of these grounds.

Article 18 – Rights of persons with disabilities and of children*

Each Party shall, in accordance with its domestic law and relevant international obligations, take due account of any specific needs and vulnerabilities in relation to respect of the rights of persons with disabilities and of children.

Article 19 – Public consultation* 

Each Party shall strive to ensure that fundamental questions raised by the design, development, use and decommissioning of artificial intelligence systems are the subject of appropriate public discussion and multi-stakeholder consultation in the light, in particular, of relevant social, economic, legal, ethical, and environmental implications.

Article 20 – Digital literacy and skills*

Each Party shall encourage and promote adequate digital literacy and digital skills for all segments of the population as well as for those responsible for the design, development, use and decommissioning of artificial intelligence systems, as set out in its applicable domestic law. 

Article 21 – Relationship with other legal instruments*

Nothing in the present Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms as well as legal rights and obligations which may be guaranteed under the laws of any Party or under any other agreement to which it is a Party. 

Article 22 – Wider protection 

None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a Party to grant a wider measure of protection than is stipulated in this Convention.

Chapter VII: Follow-up mechanism and cooperation

Article 23 – Conference of the Parties*

1. Parties shall consult periodically with a view to:

a. facilitating the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration [or reservation] made under this Convention;

b. considering the possible supplementation or amendment of the Convention;

c. considering matters concerning the interpretation and application of this Convention;

d. facilitating the exchange of information on significant legal, policy or technological developments of relevance for the implementation of this Convention;

e. facilitating, where necessary, the friendly settlement of disputes related to the application of this Convention.

2. The Conference of the Parties shall be convened by the Secretary General of the Council of Europe whenever the latter finds it necessary and in any case when a majority of the Parties or the Committee of Ministers request its convocation.

3. The Conference of the Parties shall adopt its own rules of procedure [by consensus].

4. Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this article.

5. Any Party which is not a member of the Council of Europe shall contribute to the funding of the activities of the Conference of the Parties in an amount and according to modalities established by the Committee of Ministers in agreement with that Party. *

6. The Conference of the Parties may decide to restrict the participation in its work of a Party that has ceased to be a member of the Council of Europe under Article 8 of the Statute of the Council of Europe for a serious violation of Article 3 of the Statute. Similarly, measures can be taken in respect of any Party non-member State of the Council of Europe concerned by a decision of the Committee of Ministers ceasing its relations with it on grounds similar to those mentioned in Article 3 of the Statute.

Article 24 – International co-operation* 

1. Parties shall co-operate in the realisation of the purpose of this Convention. *

2. Parties shall, as appropriate, exchange relevant and useful information between them[selves and others] concerning aspects of design, development and use of artificial intelligence systems which may have significant positive or negative effect on the enjoyment of human rights, the functioning of democracy and the observance of rule of law, including risk and effects that have arisen in research contexts.

3. [Parties are encouraged to, as appropriate, assist States that are not Party to this Convention in acting consistently with the terms of this Convention and becoming Party to it.]

4. [In its legal regime for implementing the obligations of this Convention, each Party shall consider the impact of domestic requirements on its ability to conduct intergovernmental cooperation with other Parties to this Convention and shall endeavor to avoid adverse impact upon such cooperation.]

5. [Parties are encouraged to, as appropriate, involve relevant non-State actors in the exchange of information referred to under Paragraph 2.]

Article 25 – Effective oversight mechanisms* 

1.Each Party shall establish or designate one or more effective mechanisms to oversee and supervise compliance with the obligations in the Convention, as given effect by the Parties in their domestic legal system.

2. Each Party shall ensure that such mechanisms exercise their duties independently and impartially and that they have the necessary powers, expertise and resources to effectively fulfil their tasks of overseeing compliance with the obligations in the Convention, as given effect by the Parties in their domestic legal system.

3. In case a Party has provided for more than one such mechanism, it shall take measures, where practicable, to facilitate effective cooperation among them.

4. In case a Party has provided for mechanisms different from existing human rights structures, it shall take measures, where practicable, to promote effective cooperation between the mechanisms referred to in paragraph 1 and those existing domestic human rights structures.

Chapter VIII: Final clauses

Article 26 – Effects of the Convention

Parties which are members of the European Union shall, in their mutual relations, apply European Union rules governing the matters within the scope of this Convention.

Article 27 – Amendments

1.Amendments to this Convention may be proposed by any Party, the Committee of Ministers of the Council of Europe or the Conference of the Parties.

2. Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the Parties.

3. Moreover, any amendment proposed by a Party, or the Committee of Ministers, shall be communicated to the Conference of the Parties, which shall submit to the Committee of Ministers its opinion on the proposed amendment.

4. The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Conference of the Parties and may approve the amendment.

5. The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 shall be forwarded to the Parties for acceptance.

6. Any amendment approved in accordance with paragraph 4 shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

Article 28 – Dispute settlement

[In the event of a dispute between Parties as to the interpretation or application of this Convention which cannot be resolved by the Conference of the Parties, as provided for in Article 23, paragraph 1, c, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties to the dispute, or to the International Court of Justice, as agreed upon by the Parties concerned.

The European Union and its members States in their relations with each other shall not avail themselves of Article 28 of the Convention. Nor shall the member States of the European Union avail themselves of that Article of the Convention insofar as a dispute between them concerns the interpretation or application of European Union law.]

Article 29 – Signature and entry into force

1. This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union.

2. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five Signatories, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2. 1The question of how to count the number of signatures in the case of the European Union signing will be examined and revised at a later stage.

4. In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the [deposit of its instrument of ratification, acceptance or approval].

Article 30 – Accession

1.After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe which has not participated in the elaboration of the Convention to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.

2. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 31 – Territorial application

1. Any [State or the European Union] may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2. Any Party may, at a later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 32 – Reservations

2While considering that reservations should in principle not be necessary, whether or not it is appropriate to provide for reservations will be considered as the CAI examines the other Chapters of the Convention. [No reservation may be made in respect of any provision of this Convention.]

Article 33 – Denunciation

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 34 – Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in its elaboration, the European Union, any Signatory, any [contracting State] [Party], and any other State which has been invited to accede to this Convention, of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval, or accession;

c. any date of entry into force of this Convention in accordance with Article 29, paras. 3 and 4, and Article 30, para. 2;

d. any amendment adopted in accordance with Article 27 and the date on which such an amendment enters into force;

e. [any reservation and withdrawal of reservation made in pursuance of Article 32];

f. any denunciation made in pursuance of Article 33 ;

g. any other act, declaration, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done in [place], this … day of [month] 202[4], in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of the Convention [enjoy observer status with the Council of Europe], to the European Union and to any State invited to [sign or] accede to this Convention.

Relationship between human rights and technical standards explored in report by Office of UN High Commissioner for Human Rights

The Office of the United Nations High Commissioner for Human Rights (OHCHR) has released an advanced version of its report on the relationship between human rights and technical standard-setting processes for new and emerging digital technologies. The report was prepared in response to a request made by the Human Rights Council in its resolution 47/23 and it reflects the outcomes of an expert consultation hosted in Geneva in February 2023 and responses received to a call for inputs issued by the OHCHR.

The report, which is included on the agenda of the 53th session of the Human Rights Council (19 June–14 July 2023), notes that ‘many of the decisions made in the [standard] development process have crucial ramifications for human rights. Design decisions can lead to technical solutions that facilitate human rights violations and abuses, but they can also lay the foundations for widespread adoption of technologies that effectively enhance and enable the exercise of human rights’. It further outlines human rights obligations that states and other relevant actors have when it comes to their participation in the development of technical standards. For instance, ‘when contributing to standard-setting processes, states should take necessary steps, in good faith and meaningful fashion, to actively promote human rights and ensure that their proposals be in compliance with international human rights law.’ Moreover, ‘businesses should carefully consider how proposed standards to which they are contributing would cause or contribute to adverse human rights impacts’.

The report includes a section dedicated to exploring challenges to integrating human rights considerations in technical standard-setting processes. Some of these challenges include: no clear commitment from most standard-setting organisations (SSOs) to put human rights at the core of their activities; a lack of systematic monitoring of the human rights impacts of standards, once they are adopted; an apparent opposition by some stakeholders and SSOs to the integration of human rights considerations into standard-setting processes for different reasons; little diversity among participants in standard-setting processes in terms of thematic expertise, cultural, professional, institutional, socio-economic background, geographical representation, and gender; and challenges related to the costs of participation in standard-development and access to working documents, proposed and adopted standards, meeting minutes, etc.

Building on these and other findings, the report outlines a series of recommendations for member states, SSOs, businesses, and civil society, as follows:

  • Member states are invited to:
    • Refrain from and prevent the development of standards that could foreseeably facilitate human rights violations and abuses.
    • Conduct meaningful consultations with all stakeholders to gain a comprehensive picture of the issues at stake, and include human rights experts in their delegations.
    • Ensure that national SSOs are open, transparent, and inclusive.
    • When delegating regulatory functions to SSOs, ensure that this is done in compliance with states’ human rights obligations.
    • Support civil society to develop the capacity to meaningfully participate in standard-setting processes.
  • SSOs are invited to:
    • Assess how their operations affect the enjoyment of human rights, identify possible shortcomings, and take action to improve the integration of human rights considerations into their practices.
    • Adopt policy commitments to respect human rights in their operations.
    • Put in place human rights due diligence processes to identify, prevent, mitigate, and account for adverse human rights impacts.
    • Make standard-setting processes as transparent, open, and inclusive as possible.
    • Take proactive steps to facilitate and increase participation by women, experts, and stakeholders from underrepresented backgrounds.
    • Carry out effective public consultations and reach out to experts, groups, and individuals who may be affected by the standards they develop.
    • Collect and publish data about participation patterns in their standard-setting processes.
  • Businesses are invited to:
    • Fully meet their responsibility to respect human rights and strive for coherence of their engagement in standard-setting processes and their commitment to human rights.
    • Conduct human rights due diligence regarding their participation in standard-setting processes and the resulting standards.
    • When implementing technical standards, do so in the most rights-respecting way possible.
  • Civil society is encouraged to:
    • Expand understanding and capacity necessary to enhance participation in standard-setting processes.
    • Establish mechanisms for information sharing about ongoing and forthcoming standard-setting processes of relevance for human rights.

Convention on AI (draft January 2023)

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Revised Zero Draft [Framework] Convention on
Artificial Intelligence, Human Rights, Democracy, and the Rule of Law

COMMITTEE ON ARTIFICIAL INTELLIGENCE  (CAI) 

January 2023

This document was prepared by the Chair of the CAI with the support of the Secretariat to serve as the basis for the drafting of the [Framework] Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law. It does not reflect the final outcome of negotiations in the Committee.

Preamble

The member States of the Council of Europe and the other signatories hereto,

Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for human rights and fundamental freedoms, democracy and the rule of law;

Recognising the value of fostering cooperation between the Parties to this Convention;

Conscious of the accelerating developments in science and technology and the profound changes brought about by the application of artificial intelligence systems through the provision of new tools, which have the potential to promote human prosperity as well as individual and social well-being by enhancing progress and innovation;

Concerned by the risk that certain uses of some artificial intelligence systems also have the potential for unduly interfering with the exercise of human rights and fundamental freedoms, undermining democracy and violating the rule of law;

Conscious of the fact that human rights, democracy and the rule of law are inherently interwoven and convinced of the need to establish, as a matter of priority, a common legal framework establishing fundamental principles and rules governing design, development, and application of artificial intelligence systems which would effectively preserve the shared common values and at the same time be conducive to innovation;

Conscious also of the fact that in view of its framework character the Convention may be supplemented by further binding or non-binding instruments to address challenges relating to the application of artificial intelligence systems in specific sectors;

Welcoming efforts undertaken by other international and supranational Organisations and fora, which further advance international understanding and cooperation in this area;

Mindful of the need to ensure respect for human rights as enshrined in the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, the 1966 United Nations International Covenant on Civil and Political Rights and other applicable international human rights treaties while taking into due account various economic, security and other interests in the development and use of artificial intelligence systems;

Underlining that the present Convention is intended to complement those conventions in order to fill in any legal gaps in view of the specific challenges raised by design, development and application of artificial intelligence systems;

Mindful also of the right to privacy and the protection of personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and amending protocols;

Affirming the commitment of Parties to protecting human rights, democracy and the rule of law and opposing unlawful and irresponsible use of artificial intelligence technologies, which is not in line with their shared values,

Have agreed as follows:

Chapter I: General provisions 

Article 1 – Purpose and object 

1. This Convention establishes certain fundamental principles, rules and rights aimed at ensuring that design, development and application of artificial intelligence systems is fully consistent with respect for human rights, the functioning of democracy and the observance of rule of law.

2. Each Party shall take the necessary measures in its domestic legislation to give effect to the principles, rules and rights set out in this Convention.

3. In order to ensure effective implementation of its provisions by its Parties, this Convention establishes a follow-up mechanism.

Article 2 – Definitions

For the purposes of this Convention:

a. “artificial intelligence system” means any algorithmic system or a combination of such systems that, as defined herein and in the domestic law of each Party, uses computational methods derived from statistics or other mathematical techniques to carry out functions that are commonly associated with, or would otherwise require, human intelligence and that either assists or replaces the judgment of human decision-makers in carrying out those functions. Such functions include, but are not limited to, prediction, planning, classification, pattern recognition, organisation, perception, speech/sound/image recognition, text/sound/image generation, language translation, communication, learning, representation, and problem- solving;

b. “lifecycle” means all phases of existence of an artificial intelligence system between its design and decommissioning;

c. “artificial intelligence provider” means any natural or legal person, public authority or other body that develops an artificial intelligence system with a view to putting it into service/commissioning it;

d. “artificial intelligence user” means any natural or legal person, public authority or other body using an artificial intelligence system in their own name or under their authority;

e. “artificial intelligence subject” means any natural or legal person whose human rights and fundamental freedoms or connected legal rights guaranteed under applicable domestic law or international law are impacted through the application of an artificial intelligence system, including by decisions made or substantially informed by the application of such system.

Article 3 – Principle of non-discrimination

The implementation of the provisions of this Convention by the Parties shall be secured without discrimination on any ground such as sex, gender, sexual orientation, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, state of health, disability or other status, or based on a combination of one or more of these grounds.

Article 4 – Scope

1. This Convention shall apply to design, development and application of artificial intelligence systems that are used in a context involving issues relating to the respect for human rights, the functioning of democracy and the observance of rule of law, as described in Articles 5 (a), 7 and 8 (a).

2. This Convention shall apply to such systems throughout their lifecycle, regardless of whether these activities are undertaken by public or private actors.

3. This Convention shall not apply to design, development and application of artificial intelligence systems used for purposes related to national defense.

Chapter II: Application of artificial intelligence systems by public authorities 

Article 5 – Obligations relating to public authorities

Each Party shall, within its respective jurisdiction, ensure that:

a. the application of an artificial intelligence system substantially informing decision-making by a public authority in the exercise of its function, or any private entity acting on its behalf, is fully compatible with its obligations to respect human rights and fundamental freedoms as guaranteed under its domestic law or under any relevant applicable international law;

b. any interference with human rights and fundamental freedoms by a public authority or any private entity acting on its behalf resulting from such application of an artificial intelligence system is compatible with core values of democratic societies, in accordance with the law and necessary in a democratic society in pursuit of a legitimate public interest.

Article 6 – Requirements regarding respect for human rights

Each Party shall take such measures as are aimed at minimising and, to the extent possible, preventing any unlawful harm or damage to human rights and fundamental freedoms, which could result from the inappropriate application of artificial intelligence systems by public authorities.

Article 7 – Requirements regarding respect for democratic institutions and the rule of law

Each Party shall take all necessary measures to preserve the integrity of democratic institutions and processes and ensure the respect for the rule of law and proper administration of justice in the context of application of an artificial intelligence system. To this end, a thorough assessment of the necessity, proportionality and potential risks shall be carried out by a competent domestic authority both prior and during the application of an artificial intelligence system to the elaboration or revision of laws and policies governing the respective roles of the executive authority, other democratic institutions and the judiciary.

Chapter III: Application of artificial intelligence systems in provision of goods, facilities and services 

Article 8 – Obligations relating to public and private actors

Each Party shall, within its respective jurisdiction, ensure that:

a. the application of an artificial intelligence system in provision of goods, facilities and services in essential areas, such as but not restricted to, health, family care, housing, energy consumption, transport, food supply, education, employment, finance, environmental protection, digital information, media and communication is fully compatible with its domestic law and any applicable international law insofar as these require relevant public and private actors to respect human rights and fundamental freedoms;

b. effective guidance is provided to relevant public and private actors on how to prevent and mitigate any adverse impacts of the application of an artificial intelligence system on the enjoyment of human rights and fundamental freedoms, the functioning of democracy and the observance of the rule of law in their operations.

Article 9 – Preservation of individual freedom, human dignity and autonomy

Each Party shall take the necessary measures to preserve individual freedom, human dignity and autonomy and in particular the ability to reach informed decisions free from undue influence, manipulation or detrimental effects which may adversely affect the right to freedom of expression and assembly, democratic participation and the exercise of other relevant human rights and fundamental freedoms as a result of the inappropriate application of an artificial intelligence system.

Article 10 – Access to public debate and inclusive democratic processes

Each Party shall take the necessary measures to ensure that all interested parties, groups and individuals enjoy equal and fair access to public debate and inclusive democratic processes. In doing so, it shall take due account of the relevant implications of technological developments and the role of public and private entities using artificial intelligence systems that may help shape public debate.

Article 11 – Preservation of public health and the environment

Each party shall take the necessary measures to preserve public health and the environment in the context of the application of an artificial intelligence system.

Chapter IV: Fundamental principles of design, development and application of artificial intelligence systems 

Article 12 – Principle of Equality and Anti-discrimination

Each Party shall, within its jurisdiction and in accordance with its domestic law, ensure that the design, development and application of artificial intelligence systems respect the principle of equality, including gender equality and rights related to discriminated groups and individuals in vulnerable situations.

Article 13 – Principle of Privacy and Personal Data Protection

Each Party shall, within its jurisdiction, ensure that as regards the design, development and application of artificial intelligence systems:

a. the privacy of individuals is protected including through applicable domestic and international personal data protection and data governance laws and standards;

b. relevant data protection law and principles are applied;c. appropriate guarantees and safeguards have been put in place for data subjects.

Article 14 – Principle of Accountability, Responsibility and Legal Liability

Each Party shall, within its jurisdiction, take measures necessary to ensure accountability, responsibility and legal liability for any unlawful harm or damage to human rights and fundamental freedoms resulting from the application of artificial intelligence systems.

Article 15 – Principle of Transparency and Oversight

Each Party shall, within its jurisdiction and in accordance with its domestic law, ensure that adequate oversight mechanisms as well as transparency and auditability requirements tailored to the specific risks arising from the context in which the artificial intelligence systems are applied are in place.

Article 16 – Principle of Safety

Each Party shall, within its jurisdiction and in accordance with its domestic law, ensure that adequate safety, security, data quality, data integrity, data security, cybersecurity and robustness requirements are in place for design, development and application of artificial intelligence systems.

Article 17 – Principle of Safe Innovation

With a view to encouraging research and fostering innovation each Party shall, within its jurisdiction and in accordance with its domestic law, provide for the establishment of controlled regulatory environment for testing artificial intelligence systems for artificial intelligence providers and users under the supervision of its competent authorities.

Article 18 – Public consultation and additional measures

1. Parties shall strive to ensure that fundamental questions raised by the design, development and application of artificial intelligence systems are the subject of appropriate public discussion and multi-stakeholder consultation in the light, in particular, of relevant social, economic, ethical and legal implications.

2. Parties shall encourage and promote digital literacy and digital skills for all segments of the population.

Chapter V: Measures and Safeguards ensuring Accountability and Redress 

Article 19 – Measures ensuring the availability of redress

Each Party shall, within its jurisdiction and in accordance with its domestic law, take measures ensuring the availability of redress for any unlawful harm or damage to human rights and fundamental freedoms resulting from the application of artificial intelligence systems through:

a. setting up a system, in accordance with its domestic law, whereby the relevant usage of the system is recorded and, where appropriate, communicated to the artificial intelligence subjects concerned;

b. guaranteeing that such communication contains sufficient information for an effective possibility of contesting the application of the system or challenging the decision(s) affecting the artificial intelligence subject’s rights and freedoms insofar as the use of such system is concerned;

c. making available effective redress mechanisms.

Article 20 – Additional Procedural Safeguards

1. Each Party shall, within its jurisdiction and in accordance with its domestic law, ensure that where an artificial intelligence system substantially informs or takes decision(s) affecting human rights and fundamental freedoms there is a right to human review of the decisions.

2. Each Party shall, within its jurisdiction and in accordance with its domestic law, ensure that any person has the right to know that one is interacting with an artificial intelligence system rather than with a human and, where appropriate, shall provide for the option of interacting with a human in addition to or instead of such system.

3. Each Party shall take appropriate measures to ensure effective access to the safeguards and rights mentioned in Articles 19 and 20 to persons with disabilities.

Article 21 – Restrictions

Restrictions on the exercise of the rights specified in Articles 19 and 20 may only be provided for by law where necessary and proportionate in a democratic society in the pursuit of a legitimate public interest.

Article 22 – Relationship with other legal instruments

Nothing in the present Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms as well as legal rights which may be guaranteed under the laws of any Party or under any other agreement to which it is a Party.

Article 23 – Wider protection

None of the provisions of this Convention shall be interpreted as limiting or otherwise affecting the possibility for a Party to grant a wider measure of protection than is stipulated in this Convention.

Chapter VI: Assessment and Mitigation of Risks and Adverse Impacts 

Article 24 – Risk and impact management framework

1. Each Party shall, in accordance with its domestic law, provide effective guidance to relevant artificial intelligence providers and users on how to identify, assess, prevent and mitigate risks and adverse impacts resulting from the application of an artificial intelligence system in relation to the enjoyment of human rights, the functioning of democracy and the observance of rule of law.

2. Such guidance shall ensure that the risk and impact assessments and the application of the related prevention and mitigation measures:

a. contain proportionate requirements targeted at the specific contexts of application of an artificial intelligence system which pose increased risks for human rights, democracy and the rule of law;

b. integrate the perspective of artificial intelligence subjects whose rights may be potentially impacted through the operation of the system;

c. require the recording and due consideration of adverse impacts resulting from application of enhanced artificial intelligence systems in relation to the enjoyment of human rights, the functioning of democracy and the observance of rule of law;

d. are carried out iteratively, at appropriate rate, throughout the lifecycle of such system.

3. Each Party shall, in accordance with its domestic law, provide for the possibility of imposing a moratorium or ban on certain applications of artificial intelligence systems where such measure is considered appropriate and necessary by the competent domestic authority.

Article 25 – Obligations of artificial intelligence providers and users

Each Party shall ensure that artificial intelligence providers and users, where applicable:

a. apply sufficient preventive and mitigating measures resulting from the application of the aforementioned risk and impact management framework;

b. document and keep the records of the respective processes.

Article 26 – Training

Each Party shall ensure that competent supervisory authorities, artificial intelligence providers and users receive appropriate training in connection with the operation of the risk and impact management framework.

Chapter VII: Follow-up mechanism and cooperation 

Article 27 – Consultation of the Parties

1. Parties shall consult periodically with a view to:

a. making proposals to facilitate or improve the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration made under this Convention;

b. making proposals for the amendment of this Convention in accordance with Article 31;

c. formulating their opinion on any proposal for the amendment of this Convention which is referred to them in accordance with Article 31, paragraph 3;

d. expressing an opinion on any question concerning the interpretation and application of this Convention and facilitating the exchange of information on significant legal, policy or technological developments.

2. The Consultation of the Parties shall be convened by the Secretary General of the Council of Europe whenever (s)he finds it necessary and in any case when a majority of the Parties or the Committee of Ministers request its convocation.

3. The Consultation of the Parties shall adopt its own rules of procedure.

4. Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this article.

5. A contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Consultation of the Parties in a manner to be decided by the Committee of Ministers upon consultation of that Party.

Article 28 – International co-operation

1. Parties shall, as appropriate, co-operate to the fullest extent in the realisation of the purpose of this Convention.

2. Parties shall, on a regular basis, exchange information between them concerning design, development and application of artificial intelligence systems which they assess as posing a risk to the enjoyment of human rights, the functioning of democracy and the observance of rule of law.

Article 29 – National supervisory authorities

1. Parties shall establish or designate national supervisory authorities tasked, in particular, with overseeing and supervising compliance with the requirements of the risk and impact assessment of artificial intelligence systems, in accordance with Articles 24 and 25.

2. Parties shall ensure the national supervisory authorities have sufficient resources and properly trained personnel to carry out their activities.

3. The national supervisory authorities shall be independent and impartial in the exercise of their duties.

Chapter VIII: Final provisions

Article 30 – Effects of the Convention

1. If two or more Parties have already concluded an agreement or treaty on the matters dealt with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly. However, where Parties establish their relations in respect of the matters dealt with in the present Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention’s objective and principles.

2. Parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules governing the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties.

3. Nothing in this Convention shall affect other rights, obligations and responsibilities of a Party and individuals under international law.

Article 31 – Amendments

1. Amendments to this Convention may be proposed by any Party, the Committee of Ministers of the Council of Europe or the Consultation of the Parties.

2. Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the Parties.

3. Moreover, any amendment proposed by a Party, or the Committee of Ministers, shall be communicated to the Consultation of the Parties, which shall submit to the Committee of Ministers its opinion on the proposed amendment.

4. The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Consultation of the Parties and may approve the amendment.

5. The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 shall be forwarded to the Parties for acceptance.

6. Any amendment approved in accordance with paragraph 4 shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

Article 32 – Dispute settlement

In the event of a dispute between Parties as to the interpretation or application of this Convention which cannot be resolved by the Consultation of the Parties, as provided for in Article 27 , paragraph 1, d, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties to the dispute, or to the International Court of Justice, as agreed upon by the Parties concerned.

Article 33 – Signature and entry into force

1. This Convention shall be open for signature by the member States of the Council of Europe, by the European Union and by non-member States which have participated in its elaboration.

2. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which six Signatories, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2.

4. In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 2.

Article 34 – Accession

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Parties to the Convention, may invite any State which is not a member of the Council of Europe and which has not participated in its elaboration to accede to this Convention. The decision shall be taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.

2. In respect of any State acceding to the Convention under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 35 – Territorial application

1. Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2. Any Party may, at a later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 36 – Reservations

No reservation may be made in respect of any provision of this Convention.

Article 37 – Denunciation

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 38 – Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States enjoying observer status with the Council of Europe, the European Union, the non-member States which have participated in the elaboration of this Convention, and any State having been invited to sign this Convention in accordance with the provisions of Article 33, or having been invited to accede to it in accordance with the provisions of Article 34, of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance or approval;

c. any date of entry into force of this Convention in accordance with Article 33, paras. 3 and 4, and Article 34, para. 2;

d. any amendment adopted in accordance with Article 31 and the date on which such an amendment enters into force;

e. any denunciation made in pursuance of Article 37 ;

f. any other act, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done in [place], this … day of [month] 202[4], in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which enjoy observer status with the Council of Europe, to the European Union and to any State invited to sign or accede to this Convention.

OHCHR consultation on human rights and technical standard-setting processes for new and emerging digital technologies

On 15 February 2023, the Office of the High Commissioner on Human Rights (OHCHR) will hold a consultation on human rights and technical standard-setting processes for new and emerging digital technologies.

The consultation will inform the report on the relationship between human rights and technical standards that the OHCHR will present to the UN Human Rights Council (HRC) at its 53rd session in June 2023. The report was required by the HRC it is July 2021 resolution on new and emerging digital technologies and human rights.

The event will take place in Geneva, at the Palais des Nations, and online. Registration is open until 14 February 2023.

More details, including an agenda and list of speakers, will be made available on the dedicated OHCHR webpage.

Commission on the Status of Women: 67th session

The 67th session of the Commission on the Status of Women (CSW67), to be held between 6 and 17 March 2023, will have as its priority theme ‘innovation and technological change, and education in the digital age for achieving gender equality and the empowerment of all women and girls’.

Some of the topics to be discussed under this theme will include addressing barriers to bridge the gender digital divide and promote education in the digital age, and fostering inclusive innovation and technological change to empower women and girls and create safer digital spaces.

The meeting is open to UN member states, UN entities, and non-governmental organisations accredited by the UN Economic and Social Council (ECOSOC).

CSW is the main global intergovernmental body dedicated to the promotion of gender equality and the empowerment of women, and it functions as a commission of ECOSOC.

For more details, consult the CSW67 dedicated website.

EU-US Trade and Technology Council holds third ministerial meeting

The third ministerial meeting of the EU-US Trade and Technology Council (TTC) was held on 5 December 2022 in Washington, DC, USA. During the meeting, the two parties:

  • Reiterated the importance of cooperating on trust and security in the ICT ecosystem and noted that the TTC Working Group on ICTS security and competitiveness plans to discuss transatlantic subsea cables’ connectivity and security, including alternative routes, such as the transatlantic route to connect Europe, North America and Asia.
  • Reiterated their commitment to developing and implementing trustworthy artificial intelligence (AI), building on the Joint Roadmap on Evaluation and Measurement Tools for Trustworthy AI and Risk Management.
  • Announced plans to launch a pilot project to assess the use of privacy-enhancing technologies and synthetic data in health and medicine.
  • Announced plans to establish an expert task force to strengthen research and development cooperation on quantum information science, develop common frameworks for assessing technology readiness, discuss intellectual property, and export control-related issues as appropriate, and work together to advance international standards.
  • Announced progress on increasing standards cooperation, for instance through the Strategic Standards Information mechanism meant to enable the EU and the USA to share information about international standardisation activities and react to common strategic issues.
  • Announced that the US Department of Commerce and the European Commission are entering into an administrative arrangement to implement an early warning mechanism to address and mitigate semiconductor supply chain disruptions in a cooperative way.
  • Stressed the importance of eliminating the use of arbitrary and unlawful surveillance to target human rights defenders, and expressed concerns over government-imposed internet shutdowns.
  • Announced plans to enhance transatlantic trade, for instance through developing joint best practices for the use of digital tools to simplify or reduce the cost of commercial actors’ interactions with the governments in relation to trade-related policy, legal requirements, or regulatory requirements.
  • Announced the launch of a Talent for Growth Task Force to facilitate exchanges of experiences on training and capacity building and serve as a catalyst for innovative skills policies.

These and other commitments and initiatives are outlined in the joint statement issued at the end of the meeting.