Updated November 2023

Key recent developments (October 2021 – November 2023)

• 26/10/2021 – A multistakeholder conference on “Current and Future Challenges of Co-ordinated Policies on AI Regulation” was held by the Hungarian Presidency of the Committee of Ministers and the Council of Europe. Speakers and attendees included numerous high-ranking representatives of international organisations, governments, NGOs and AI business community leaders. Conference conclusions are available.
• 03/12/2021 – The Council’s Ad Hoc Committee on Artificial Intelligence (CAHAI) completed its mandate. The Committee of Ministers received the final deliverable titled “Possible elements of a legal framework on artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law”.
• 10/01/2022 – First meeting of the Council’s AI Co-ordination Group held to ensure continued co-ordination on AI work between various sectors of the Organisation. This co-ordination will occur continuously, both on the way towards the first meeting of the Committee on AI (CAI) and subsequently.
• 4-6/04/2022 - First CAI Plenary meeting held in Rome, Italy, preceded by a High-Level Segment co-organised with the Italian Chairmanship of the Committee of Ministers.
• 17/05/2022 - Second meeting of the AI Coordination Group
• 21-23/09/2022 - Second CAI Plenary meeting.
• 18/10/2022 - Third meeting of the AI Coordination Group.
• 11-13/01/2023 - Third CAI Plenary meeting.
• 24/01/2023 - Fourth meeting of the AI Coordination Group.
• 1-3/02/2023 - Fourth CAI Plenary meeting.
• 29/03/2023 - Fifth meeting of the AI Coordination Group.
• 19-21/04/2023 - Fifth CAI Plenary meeting.
• 31/05 - 02/06/2023 - Sixth CAI Plenary meeting.
• 27/09/2023 - Sixth meeting of the AI Coordination Group.
• 24-26/10/2023 - Seventh CAI Plenary meeting.

1. Binding and non-binding legal instruments (standards)

1. 1.1 Transversal

• [Ongoing] Framework Convention on the design, development, and application of artificial intelligence systems based on the Council of Europe’s standards on human rights, democracy and the rule of law, and conducive to innovation, in accordance with the relevant decisions of the Committee of Ministers - CAI
• Recommendation of the Committee of Ministers to member States on the human rights impacts of algorithmic systems - CM/Rec(2020)1
• Declaration of the Committee of Ministers on the manipulative capabilities of algorithmic processes - Decl(13/02/2019)1
• Unboxing AI: 10 steps to protect human rights - Recommendation of the Commissioner for Human Rights, May 2019
• Recommendation of the Parliamentary Assembly of the Council of Europe about Technological convergence, artificial intelligence and human rights - Recommendation 2102(2017)

1. 1.2. Privacy and Data Protection

• [Ongoing] Draft Guidelines on National Digital Identity Systems (expected to be adopted by 2023)
• Guidelines on data protection for the processing of personal data for anti-money laundering/countering financing of terrorism purposes - Data Protection (coe.int) (2023)
• Model Contractual Clauses for the Transfer of Personal Data - Data Protection (coe.int) (2023)
• Guidelines on national digital identity (2022)

• Guidelines on the Protection of Individuals with regard to Processing of Personal Data by and for Political Campaigns - T-PD(2021)
• Declaration by the Committee of the Ministers on the need to protect children’s privacy in the digital environment - DecI(28/04/2021)
• Recommendation of the Committee of Ministers on the protection of individuals with regard to automatic processing of personal data in the context of profiling - CM/Rec(2021)8
• Guidelines on Facial Recognition - T-PD(2020)03
• Guidelines on Artificial Intelligence and Data Protection - T-PD(2019)01
• Guidelines on the protection of individuals with regard to the processing of data in a world of Big Data - T-PD(2017)1
• Pegasus spyware and its impact on human rights

1. 1.3. Justice and public administration

• [Ongoing] (Until end of 2023) Review of The Administration and You handbook in the light of the use of artificial intelligence (AI) and non-AI algorithmic systems (based on comparative study in member States) – CDCJ
• Guidelines on videoconferencing in judicial proceedings (including the use of AI) – CEPEJ(2021)4 
• Guidelines on electronic court filing (e-filing) and digitalisation of courts - CEPEJ(2021)15 (requirements regarding transparency and accountability regarding the court e-filing and decision-supporting systems, and regarding introduction of machine learning based predictive analytics), 9 December 2021
• Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative court proceedings - CM(2021)36add4-final (transparency and accountability guidance for the use of AI systems)
• European Ethical Charter on the use of artificial intelligence (AI) in judicial systems and their environment - CEPEJ(2018)14

1. 1.4. Healthcare and Biomedicine

• Strategic Action Plan on technologies and human rights in the field of biomedicine 2020-2025 (with AI-specific parts) - DH-BIO(2018)22

1. 1.5. Non-discrimination, Gender equality

• [New] Recommendation of the Committee of Ministers to member States on protecting the rights of migrant, refugee and asylum-seeking women and girls  - CM/Rec(2022)17
• [Ongoing] Draft Recommendation covering the impact of AI on gender inequality - GEC
• Guidelines of the Committee of Ministers of the Council of Europe on upholding equality and protecting against discrimination and hate during the Covid-19 pandemic and similar crises in the future - CM(2021)37-add1rev
• Recommendation of the Committee of Ministers to member States on preventing and combating sexism - CM/Rec(2019)1

1. 1.6. Social Rights

• Declaration by the Committee of Ministers on the risks of computer-assisted or artificial-intelligence-enabled decision making in the field of the social safety net - Decl(17/03/2021)2

1. 1.7. Education

• Recommendation on developing and promoting digital citizenship education - CM/Rec(2019)10

1. 1.8. Children’s rights

• Recommendation of the Committee of Ministers to member States on guidelines to respect, protect and fulfil the rights of the child in the digital environment - CM/Rec(2018)7

1. 1.9. Freedom of expression and culture

• [Ongoing] Guidelines on the use of digital tools including artificial intelligence for journalism/by journalists -  MSI-RES (by 2024)
• [Ongoing] Guidance Note on countering the spread of online mis- and disinformation through fact-checking and platform design solutions in a human rights compliant manner - MSI-INF (by 2024)
• [Ongoing] Development of Recommendation and Study on the impacts of digital technologies on freedom of expression - MSI-DIG
• [Ongoing] Development of Recommendation on Combating Hate Speech - ADI/MSI-DIG
• [Ongoing] Draft standard-setting instrument with guiding principles for media and communication governance in the context of the new media and information paradigm based on social media distribution, taking account of related risks (manipulation of public opinion, lack of public trust, information disorder) - MSI-REF
• Recommendation of the Committee of Ministers to member States on the roles and responsibilities of internet intermediaries - CM/Rec(2018)2

2. AI studies, reports and conclusions of key events

1. 2.1. Transversal

Regulatory feasibility and similar studies

• Possible elements of a legal framework on artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law - CAHAI, 17 December 2021
• Artificial Intelligence, Human Rights, Democracy and the Rule of Law: a Primer, the Alan Turing Institute, June 2021
• Feasibility study on a legal framework on AI design, development and application based on CoE standards - CAHAI, 17 December 2020
• Towards regulation of AI systems - CAHAI, 17 December 2020
• Responsibility and AI: Study on the implications of advanced digital technologies (including AI systems) for the concept of responsibility within a human rights framework - DGI(2019)05

Other materials

• Conclusions from the conference on “Current and Future Challenges of Coordinated Policies on AI Regulation” - Hungarian Presidency of the Committee of Ministers and the Council of Europe conclusions, 26 October 2021
• Conclusions from the conference "Human Rights in the Era of AI - Europe as international Standard Setter for Artificial Intelligence" - German Presidency of the Committee of Ministers, 20 January 2021
• Statement by the French Presidency of the Committee of Ministers of the Council of Europe at the Conference of Ministers of Justice on “Digital Challenges for Justice in Europe” - French Presidency of the Committee of Ministers, 15 October 2019
• Council of Europe work on Artificial Intelligence - SGInf(2019)21
• Report “Ready for future challenges - Reinforcing the Council of Europe” - Secretary General, Ministerial Session, Helsinki, 16-17 May 2019
• Conclusions from the Conference “Governing the Game Changer – Impacts of artificial intelligence development on human rights, democracy and the rule of law” - Finnish Presidency of the Committee of Ministers and Council of Europe, Helsinki, 26-27 February 2019
• Final remarks of the thematic session on Artificial intelligence and criminal law responsibility in Council of Europe member states – the case of automated vehicles - CDPC(2018)22, November 2018

1. 2.2. Privacy and Data Protection

• Report on Digital Solutions to Fight Covid-19 - Data Protection Unit (2020)
• Report on Artificial Intelligence and Data Protection: Challenges and Possible Remedies - T-PD(2018)09Rev
• Study on the human rights dimensions of automated data processing techniques (in particular algorithms) and possible regulatory implications - DGI(2017)12

3. 2.3. Justice and public administration

• Feasibility study on the establishment of a certification mechanism for artificial intelligence tools and services (in the sphere of justice and judiciary) - CEPEJ, 8 December 2020
• Technical study on online dispute resolution mechanisms - CDCJ(2018)5

4. 2.4. Democratic governance

• [New] Recommendation of the Committee of Ministers to member States on the principles of good democratic governance, with its explanatory memorandum (principles 6 – Openness and transparency, and 12 - Openness to change and innovation) - CM/Rec(2023)5
• Study on the impact of the digital transformation, including artificial intelligence and automated decision-making, on democracy and good governance - European Committee on Democracy and Governance - CDDG, 26 July 2021
• Principles for a fundamental rights-compliant use of digital technologies in electoral processes - CDL-AD(2020)037, Venice Commission, 11 December 2020
• Proceedings of the Roundtable on Artificial Intelligence and the Future of democracy - CDDG-Bu(2019)17 – Democratic Governance Department, 20 September 2019
• Joint Report of the Venice Commission and the Directorate of Information Society and Action against Crime of the Directorate General of Human Rights and Rule of Law (DGI) on Digital Technologies and Elections - CDL-AD(2019)016, Venice Commission, 24 June 2019

5. 2.5. Non-discrimination, Gender equality

• Study on Discrimination, artificial intelligence, and algorithmic decision-making - ECRI, November 2018
• [New] Study on the impact of artificial intelligence systems, their potential for promoting equality, including gender equality, and the risks they may cause in relation to non-discrimination - GEC/CDADI, September 2023

1. 2.6. Action against crime

• Artificial intelligence and criminal law responsibility in Council of Europe member states - the case of automated vehicles, concept note - CDPC(2018)14rev, October 2018
• Feasibility Study on a future Council of Europe instrument on artificial intelligence and criminal law - CDPC(2020)3Rev, 20 September 2020

7. 2.7. Freedom of expression and culture

• Report on AI in the audiovisual sector - European Audiovisual Observatory, 20 January 2021
• Prioritisation Uncovered, The Discoverability of Public Interest Content Online - DG1(2020)19, November 2020
• Artificial intelligence in the audiovisual industry – Summary of the workshop - European Audiovisual Observatory, 17 December 2019
• Study on the impact of predictive technologies and AI on the audiovisual sector, including possible specific measures to put into place in order to ensure freedom of expression and cultural diversity - Eurimages, December 2019
• E-relevance of Culture in the age of AI: Conclusions of the seminar on culture, creativity and artificial intelligence and actions proposals - Culture and Cultural Heritage Division, October 2018
• Information Disorder: Toward an interdisciplinary framework for research and policy making - DGI(2017)09

8. 2.8. Youth policy

• Declaration on Youth Participation in AI Governance - Outcome of the work done by the young people, participants of the seminar Artificial Intelligence: How Can Youth Take part? organised by the Youth Department of the Council of Europe, 1 December 2020
• Artificial intelligence and its impact on young people – Seminar report - European Youth Centre, 4-6 December 2019

2.9. Education

• Artificial intelligence and education – a critical view through the lens of human rights, democracy, and rule of law, November 2022

3. PACE Reports related to AI

• Report on “artificial intelligence and labour markets: friend or foe?” - PACE, Committee on Social Affairs, Health and Sustainable Development; rapporteur: Mr Stefan Schennach (Austria, SOC), 5 October 2020
• Report on Artificial intelligence in health care: medical, legal and ethical challenges ahead - PACE, Committee on Social Affairs, Health and Sustainable Development; rapporteur: Ms Selin Sayek Böke (Turkey, SOC), 1 October 2020
• Report on Justice by algorithm (the role of artificial intelligence in policing and criminal justice systems) - PACE, Committee on Legal Affairs and Human Rights; rapporteur: Mr Boriss CILEVIČS (Latvia, SOC), 1 October 2020
• Report on preventing discrimination caused by the use of artificial intelligence - PACE, Committee on Equality and Non-discrimination; rapporteur: Mr Christophe Lacroix, (Belgium, SOC), 29 Septembre 2020
• Report on ‘The brain-computer interface: new rights or new threats to fundamental freedoms?’ - PACE, Committee on Legal Affairs and Human Rights; rapporteur: Mr Olivier Becht (France, ALDE), 24 September 2020
• Report on the need for democratic governance of artificial intelligence - PACE, Committee on Political Affairs and Democracy; rapporteur: Ms Deborah Bergamini (Italy, EPP/CD), 24 September 2020
• Report on legal aspects of “autonomous vehicles” - PACE, Committee on Legal Affairs and Human Rights; rapporteur: Mr Ziya Altunyaldiz (Turkey, NI), 22 September 2020
• Report Human Rights in the Robot Age, Challenges arising from the use of robotics, artificial intelligence, and virtual and augmented reality – PACE and the Rathenau Instituut, October 2017

4. Other AI initiatives, including future activities

1. 4.1. Justice and public administration

• [Ongoing] Development and operationalisation of the principles of the CEPEJ Charter on the use of AI in judicial systems and examination of the feasibility of a certification of AI tools and services, against the Charter's principles
• [Ongoing] Development of tools with a view to offer a framework and safeguards to member States and justice professionals willing to create or use ICT and/or IA mechanisms in judicial systems in order to improve the efficiency and quality of justice – CEPEJ
• Quarterly meetings of the “CEPEJ Artificial Intelligence Advisory Board” (AIAB) aimed at monitoring the emergence of AI in the justice system and advising the CEPEJ working groups accordingly - CEPEJ-GT-QUAL (2022)3rev1, 12 September 2022
• Progressive updates of the “Resource Center on Cyberjustice and Artificial Intelligence”, providing an overview of AI systems used in the adjudication of justice.
• Regular meetings of the “European Cyberjustice Network”, identifying and exchanging on emerging issues of Digitalisation and AI.
• Revised roadmap for ensuring an appropriate follow-up of the CEPEJ Ethical Charter on the use of artificial intelligence in judicial systems and their environment - CEPEJ(2021)16, 9 December 2021 – CEPEJ
• 2022 – 2025 CEPEJ Action plan: “Digitalisation for a better justice” CEPEJ(2021)12Final
• [Planned] Factsheet on Generative AI and Justice, with the aim of guiding legal professionals on the responsible use of such publicly available tools in the administration of justice.
• [Ongoing] Development on Online course on the efficiency and quality of justice, including a module on AI.
• 19th European Conference of Electoral Management Bodies on “Artificial intelligence and electoral integrity - Venice Commission
• [Planned] (By end of 2022) Discussions on the follow-up on AI work. (In 2023-2025) Potential setting up of a new drafting group or where relevant a subordinate body to the CDCJ to address the specific aspects of emerging new technologies and legal services in the areas of expertise of CDCJ (public and civil law) - CDCJ
• The project Foster Transparency of Judicial Decisions and Enhancing the National Implementation of the ECHR (TJENI) aims to propose/test advanced technological solutions for publication and categorization of judicial decisions. Therefore, the testing of existing IT tools that support the summarisation process, with a specific focus on the Greek language was done under the project. On 18 and 19 November, a TJENI Hackathon on finding innovative tools to support the digitalisation of justice will be held in Paris. On 24 November, in cooperation with the French Institute for Research of Law and Justice, the Cyberjustice Laboratory, and with the support of the University of Strasbourg a conference on cyberjustice will be hosted in Strasbourg. Finally, TJENI project is supporting the development of the HELP course on AI.

2. 4.2. Democratic governance

•  (By 2024) Produce a handbook on the use of digital technologies and artificial intelligence by the public administration, identifying case studies, best practice and policy recommendations - CDDG

3. 4.3. Healthcare and Biomedicine

• Report on the Impact of Artificial Intelligence on the Doctor-Patient Relationship - INF(2022)5, 7 June 2022, CDBIO
• Drafting group to prepare a report on AI in healthcare, in particular the impact of AI on the doctor-patient relationship. 1^st meeting of the group held on 3 October 2022 - CDBIO

4. 4.4. Non-discrimination, Gender equality

• Online course on AI and discrimination available for member States on the HELP platform, run in cooperation with the French Ombudsoffice.
• [Ongoing] Addressing problems with respect to the use of AI tools in country monitoring activities - ECRI
• [Ongoing] (By end of 2023) Study the impact of artificial intelligence systems, their potential for promoting equality - including gender equality - and the risks they may cause in relation to non-discrimination (a feasibility and scoping study for a possible specific legal instrument) - CDADI, GEC
• [Planned] (By end of 2025) Based on the results of the work of CAI and in close co-operation with it, and subject to the result of the above-mentioned feasibility study, possible specific legal instrument - GEC/ADI-AI, CDADI

5. 4.5. Social Rights

• Report on the Impact of the Digitalisation and IT Development on Social Rights and Social Cohesion - CCS, 5 August 2022
• Report on Transition of Jobs: Changing Labour Markets and the Impact on Social Cohesion, 14 June 2023

6. 4.6. Education

• [Ongoing] The State of Artificial Intelligence and Education Across Europe: the results of a Survey of Council of Europe Member States 
• [Planned] Sectoral and specific legal instrument to regulate the use of artificial intelligence systems in education - Steering Committee for Education (CDEDU)
• [Planned] CM Recommendation on teaching and learning about Artificial Intelligence
• [Planned] Feasibility study for an international review system for EdTech solutions

7. 4.7. Youth policy

• [Planned] Youth policy standards and other institutional responses to newly emergent issues affecting young people’s rights and transition to adulthood, including AI - Joint Council on Youth
• [Planned] Development of learning resources for AI literacy - Youth Department

8. 4.8. Action against crime

• [Ongoing] Groundwork to explore risks and benefits of AI (measures need be taken to prohibit the use of software algorithms with corrupt intent and great potential of AI to improve the effectiveness of steps taken to combat corruption, for instance in being used in complex investigations) - GRECO
• [Ongoing] A comprehensive AI-related initiative is being developed by the Financial Action Task Force (FATF) - of which MONEYVAL is an associate member - on the use of AI technologies to combat money laundering and terrorism financing - MONEYVAL
• [Ongoing] Artificial intelligence and criminal law - legal instrument - CDPC

9. 4.9. Freedom of expression and culture

• Publication on E-Relevance of Arts and Culture in the Age of Artificial Intelligence - Culture and Cultural Heritage Division
• [Planned] Further work on policy guidelines for member States addressing the challenges related to the digitalisation of culture, impact of AI, participation and inclusion. Creativity and innovation are specifically pertinent aspects to be dealt with in this work, given the CDCPP's realm (culture, heritage and landscape) and natural link to sustainable development and climate crisis topics - Steering Committee for Culture, Heritage and Landscape (CDCPP)
• [Planned] Handbook on Human Rights and Artificial Intelligence - Steering Committee for Human Rights (CDDH)

     4.10. Children's Rights 

• Handbook for policy makers on the rights of the child in the digital environment - 2020
• [Planned] Report on the Rights of the Child and Artificial Intelligence [Note conceptuelle] - CDENF