Council of Europe adopts first AI treaty

(ANSA) - ROME, MAY 20 - While the relentless development of generative artificial intelligence (AI) progresses, Europe continues to represent a source of inspiration for the rest of the world in terms of AI regulation.
    The Council of Europe (CoE) has approved the first-ever international legally binding treaty aimed at ensuring the respect of human rights, the rule of law and democratic legal standards in the use of AI systems.
    The treaty was adopted on May 17, just a few months after the EU's approval of the AI Act, the first legislation in the world regulating the development, decommissioning and use of AI systems.
    The two legal tools, which are very different, however share the same risk-based approach - which requires careful consideration - to the potential negative consequences stemming from AI use.
    The aim is to take advantage of the new technology, guaranteeing that it is used responsibly safeguarding democracy and human rights.
    The Convention was adopted in Strasbourg during the annual ministerial meeting of the Council of Europe's Committee of Ministers, which brings together the ministers of foreign affairs of the 46 Council of Europe member States.
    It was the outcome of two years of work of an intergovernmental body, the Committee on Artificial Intelligence (CAI), which brought together to draft the treaty not only the members of CoE but also the EU, 11 non-member States (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States and Uruguay), as well as representatives of the private sector, civil society and academia.
    The effort, according to the Council of Europe (CoE) Secretary General Marija Pejčinović, responds to the "need for an international legal standard supported by States in different continents which share the same values to harness the benefits of Artificial Intelligence, while mitigating the risks" and ensuring that AI "upholds people's rights".
    Nevertheless, the green light to the treaty, open to all States in the world, nearly went unnoticed and was preceded by controversy during its drafting and approval.
    Prior to its approval, the UN High Commissioner for Human Rights Volker Türk questioned the Convention.
    Echoing criticism raised by several human rights organizations, Türk in particular asked to reconsider the general exemption from the treaty's implementation of national security and the nearly total exclusion from obligations of the private sector.
    The parliamentary assembly of CoE also approved an opinion complaining about the decision to introduce a different approach for private actors.
    But the appeals went unanswered.
    An asymmetry between public and private actors remains in the treaty with the effect that the first will have to implement the rules while for the private sector the sides will be able to adopt other measures to abide by the treaty.
    CoE justified such flexibility saying that juridical systems are different across the world.
    Another controversial point concerns the exemption from national security: States will not have to implement the treaty in activities protecting national security interests provided such activities respect international law and democratic processes.
    Moreover, it will be up to States to evaluate the need for a moratorium, a ban or other appropriate measures concerning the use of AI systems where there is a risk of incompatibility with human rights standards.
    Overall, the inconsistencies risk transforming the treaty into a missed opportunity, according to critics. (ANSA).