EU signs AI convention

The EU Commission has signed an international agreement to regulate the use of AI – to protect democracy and human rights.

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Two fingers of two different hands touch each other. The left hand is human, the right hand is artificial.

Even during the negotiation phase, the AI Convention was criticized for not being consistent enough.

(Image: Ole.CNX/Shutterstock.com)

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The European Commission has signed the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law on behalf of the European Union and its Member States. During the informal conference of the Ministers of Justice of the Council of Europe member states in Vilnius, Lithuania, the Vice-President of the European Commission responsible for values and transparency, Věra Jourová, signaled her participation in the Framework Convention with her signature on behalf of the EU.

In terms of content, the EU is already implementing the relevant points with the AI Act. The agreement itself is the first legally binding instrument on artificial intelligence (AI) that has international significance. It is a legally binding treaty. States can decide for themselves whether to sign the convention. If they do, they must abide by it. Other signatories are Andorra, Georgia, Iceland, Norway, the Republic of Moldova, San Marino, the United Kingdom, Israel and the United States of America.

The EU was very actively involved in the negotiations, the Commission announced on Thursday. The agreement [PDF] includes, for example, a focus on AI that is in line with human rights, democracy and the rule of law, transparency in AI-generated content, targeted documentation, key principles for trustworthy AI, a commitment to risk management and also agreement on oversight mechanisms to monitor AI activities.

"We need to ensure that the increasing use of AI preserves our norms rather than undermining them, said Marija Pejčinović Burić, Secretary General of the Council of Europe. This is exactly what the Convention should do. "I hope that these will be the first of many signatures and that they will be quickly followed by ratifications so that the treaty can enter into force as soon as possible." Accession is open to members of the Council of Europe, the EU and other third countries around the world.

The convention provides for a common approach so that the opportunities of AI can be exploited and the systems are compatible with human values and rights at the same time. The agreement primarily refers to such systems: systems that "potentially interfere with the aforementioned human rights, democracy and the rule of law through a risk-based and differentiated approach", explains the EU Commission. This concerns AI systems that are used both in public authorities and in the private sector. The agreement makes an exception for research and development and national security.

Criticism was already voiced during the negotiations. The convention gives states too much freedom and therefore has little effect. The convention does not do justice to its objectives and is formulated too generally. "Although there is no shortage of evidence of how tech companies use social media algorithms or deep fake generators to influence public opinion, the Council of Europe leaves it up to the states to decide whether they want to adopt soft measures or binding laws", said Angela MĂĽller from Algorithm Watch in May. The European Data Protection Supervisor also warned during the final phase of negotiations at the time that the convention could become a "missed opportunity".

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"With this signature, the EU expresses its intention to become a party to the Convention", the EU Commission states in its communication. The Commission is now preparing a proposal for a European Council decision on the conclusion of the agreement. The European Parliament also still has to give its consent.

Negotiations on the agreement began in September 2022. Contributions were received from 68 international representatives from civil society, academia, industry and other international organizations.

The Council of Europe (also known as the Council of Europe or Conseil de l'Europe) is an international organization founded in 1949 to which 46 European countries belong. It is not an EU body and should not be confused with the European Council, to which the heads of government of the EU member states belong, or the Council of the European Union (EU Council of Ministers).

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This article was originally published in German. It was translated with technical assistance and editorially reviewed before publication.