Briefing Note: Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS 225)

Subject: Overview and implications of the Council of Europe Framework Convention on Artificial Intelligence (CETS 225) for AI governance, with specific reference to its potential implementation in the United Kingdom.

Background:

The Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS 225), adopted in September 2024, sets out a legal and regulatory framework for the governance of artificial intelligence (AI) systems. It aims to ensure that AI development, deployment and use align with the core values of human rights, democracy and the rule of law. The Convention acknowledges both the positive potential of AI systems and the risks they pose, such as threats to individual privacy, discrimination and the erosion of democratic processes.

The Convention is designed as a flexible legal framework that can be adapted by signatory states, such as the United Kingdom, to their specific legal and regulatory contexts. It covers public and private sector AI activities, with a particular emphasis on transparency, accountability, non-discrimination and risk management throughout the AI lifecycle.

Key Provisions:

1. Human Rights Protection:
• AI systems must respect human dignity and individual autonomy.
• The Convention establishes measures to ensure AI activities comply with international human rights obligations, protecting privacy and personal data.
2. Democracy and Rule of Law:
• AI systems must not undermine democratic processes or interfere with judicial independence.
• Public authorities must ensure AI systems do not disrupt democratic participation or the separation of powers.
3. Equality and Non-Discrimination:
• Prevents AI-driven discrimination, with a focus on vulnerable groups such as women, children and people with disabilities.
• Promotes fairness and equality in AI outcomes and decision-making processes.
4. Transparency and Accountability:
• Requires transparent decision-making processes in AI, ensuring the public can understand and contest AI-generated outputs.
• Establishes accountability mechanisms for adverse human rights impacts caused by AI.
5. Risk Management:
• Obligates signatories to adopt risk assessment frameworks throughout the AI lifecycle, from development to deployment.
• Requires ongoing monitoring to address potential adverse impacts on human rights, democracy and the rule of law.
6. Innovation and Safe Use:
• Promotes the safe innovation of AI systems, supporting controlled environments for testing and deploying AI technologies.
• Encourages innovation while ensuring AI systems are reliable and secure.

Implications for the United Kingdom:

The implementation of CETS 225 in the UK would have several key implications:

1. Alignment with Existing Legal Frameworks:
• UK laws such as the Human Rights Act 1998, Data Protection Act 2018 and Equality Act 2010 already cover many aspects outlined in CETS 225. However, additional guidance and amendments may be necessary to address AI-specific challenges such as algorithmic bias and automated decision-making.
• Data privacy and transparency requirements under the UK GDPR are already in line with the Convention’s principles but further strengthening may be needed to address AI-specific risks in sensitive areas like healthcare and policing.
2. New Regulatory Bodies or Roles:
• The UK will need to enhance or establish independent oversight bodies dedicated to AI governance, ensuring these bodies have adequate resources and authority to monitor compliance with the Convention.
• Existing regulators like the Information Commissioner's Office (ICO) or the Financial Conduct Authority (FCA) may need to extend their remit to cover AI-specific governance, particularly in industries such as finance and public services.
3. Risk Assessment and Accountability:
• UK businesses and public services will need to adopt comprehensive risk management frameworks for AI systems, including provisions for testing, transparency and accountability.
• AI systems used in public services (e.g., welfare, healthcare, law enforcement) will require regular audits to prevent discrimination and ensure fair treatment.
4. Public Consultation and Stakeholder Engagement:
• The UK will need to conduct public consultations to ensure that AI policies reflect the concerns of citizens and relevant stakeholders. Engaging with civil society organisations, technology experts and vulnerable groups will be essential for effective implementation.
5. Innovation and Safe AI Use:
• While promoting responsible AI innovation, the UK must ensure that AI development remains safe, secure and aligned with democratic values. Regulatory sandboxes and other controlled environments could be expanded to support testing and innovation without compromising public safety or human rights.

Challenges and Opportunities:

1. Challenges:
• Complexity in Enforcement: The practical enforcement of AI governance across different sectors and industries poses challenges, particularly in ensuring that both public and private actors comply with the Convention.
• Resource Allocation: Establishing new oversight mechanisms and enhancing regulatory bodies will require significant financial and human resources.
• Rapid Technological Advancement: The speed of AI innovation may outpace regulatory efforts, making it difficult to keep governance frameworks up to date.
2. Opportunities:
• International Leadership: The UK has the opportunity to position itself as a leader in AI governance by adopting CETS 225 and setting an example for other countries.
• Boosting Public Trust: By aligning AI development with human rights and democratic values, the UK can foster public trust in emerging technologies, encouraging responsible innovation.
• Global Collaboration: Participation in international AI governance efforts will enhance cooperation with other countries, fostering cross-border knowledge sharing and regulatory harmonisation.

The table below presents a comparison between the UK's existing legal frameworks and the CETS 225 provisions, outlining areas of alignment and necessary adjustments.

Category	UK Legislation	CETS 225 Requirements	Alignment	Necessary Changes
Human Rights	Human Rights Act 1998	AI must respect human rights, dignity and autonomy.	High	Increased oversight in AI-specific contexts.
Data Privacy	Data Protection Act 2018, UK GDPR	Strong personal data protection measures.	High	Stricter enforcement of AI-specific privacy concerns.
Transparency	Public Sector Transparency Guidelines	Transparency in AI decision-making processes.	Medium	New guidelines for AI-specific transparency in decision-making.
Accountability	Equality Act 2010	Accountability for adverse AI impacts.	Medium	Establishment of specific accountability frameworks for AI.
Equality & Non-Discrimination	Equality Act 2010	Preventing algorithmic bias and promoting fairness.	High	Guidelines to address AI bias, especially in decision-making.
Innovation & Safety	UK AI Strategy	Safe innovation and testing under regulatory oversight.	Medium	Expansion of testing and sandbox environments for AI.

Conclusion:

The Council of Europe Framework Convention on Artificial Intelligence (CETS 225) offers a robust foundation for the responsible governance of AI systems, ensuring that technological progress aligns with human rights, democracy and the rule of law. Its implementation in the UK presents both challenges and opportunities. The UK’s existing legal framework already aligns with many aspects of the Convention but further regulatory measures, oversight mechanisms and public engagement efforts will be needed to ensure full compliance. Ultimately, CETS 225 can help the UK navigate the complex ethical and legal landscape of AI governance, promoting innovation while safeguarding fundamental rights and freedoms.

Sources:

1. Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS 225): Source: Official document outlining the principles and obligations of the Convention. Published by the Council of Europe, 2024. https://rm.coe.int/1680afae3c
2. Human Rights Act 1998: Source: UK legislation incorporating the European Convention on Human Rights (ECHR) into domestic law. Available from UK Government Legislation website. https://www.legislation.gov.uk/ukpga/1998/42/contents
3. Data Protection Act 2018 and UK GDPR: Source: Comprehensive data protection legislation in the UK. Relevant to the privacy and personal data protection requirements in AI governance. Available from the UK Information Commissioner's Office (ICO) website. https://www.legislation.gov.uk/ukpga/2018/12/contents
4. Equality Act 2010: Source: UK law that addresses discrimination and promotes equality. Applicable to CETS 225's focus on preventing AI-driven discrimination. Available from UK Government Legislation website. https://www.legislation.gov.uk/ukpga/2010/15/contents
5. UK AI Strategy: Source: The UK government’s strategic framework for AI development and innovation. Key document outlining the UK's approach to safe and ethical AI. Available from the UK Government website. https://assets.publishing.service.gov.uk/media/614db4d1e90e077a2cbdf3c4/National_AI_Strategy_-_PDF_version.pdf
6. Information Commissioner’s Office (ICO): Source: The UK’s independent body for upholding information rights and data privacy, relevant to AI governance and compliance with CETS 225. Information available from the ICO’s official website. https://ico.org.uk/
7. Council of Europe Publications: Source: Official publications and guidelines from the Council of Europe, including human rights instruments and governance frameworks. Available from the Council of Europe’s official website. https://www.coe.int/en/web/edc/publications

 

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