Ms Hanne Juncher, Director of Security, Integrity and Rule of Law
AI and Human Rights: Digital Partnerships
Many businesses are now more than actors in our market economies. They are systemic players shaping nearly every aspect of our daily life. Nowhere is this clearer than in the technology sector, which has propelled successive waves of innovation from the internet to social media and - most recently - to AI.
These technologies open extraordinary opportunities for access, efficiency and growth. But without clear safeguards they can also adversely affect human rights, democracy and the rule of law.
The Council of Europe has set standards in the digital sphere since the beginnings of the internet and today we apply that experience to the risks and opportunities of AI, working closely also with the private sector to translate principles into operational practice and market-ready governance.
Most importantly, we have established some tools and frameworks to draw on. The Budapest Convention on Cybercrime, Convention 108+ on data protection (sometimes referred to as the “mother of the GDPR”), and our guidance on internet intermediaries, for example, remain highly relevant for businesses in an increasingly digitalised, data-driven economy.
There is also a continuity of principles: our work on AI builds on the Council of Europe’s longstanding approach of grounding digital innovation in human rights, democracy and the rule of law. These same values guided our early efforts in internet governance and data protection.
In parallel, we reinforced our role as a global convener—a trusted platform where governments, industry, civil society and academia work together on AI governance to respect human rights, democracy and the rule of law.
In 2017, we set up a platform dedicated specifically to cooperation with leading tech companies and their associations – the Council of Europe Digital Partnership which now counts 27 partners. Cooperation has covered areas such as AI and bioethics; child protection online; data protection (incl. Big Data); digital literacy; countering abusive expression and disinformation; elections and e-voting. We have also looked at anti-money-laundering and fighting corruption.
We essentially work with industry to integrate human rights, democracy and rule-of-law considerations into strategy and operations, on the understanding that ignoring human rights is not smart business.
Establishing robust management systems involves costs, but it also enables companies to anticipate and prevent operational disruptions, protect their brand value, maintain stakeholder trust, and offer and enjoy legal certainty. It confirms the long-term contribution of business to our societies.
The Council of Europe’s Committee on Artificial Intelligence (CAI) which negotiated the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law is a prime example of this cooperative approach. The work was carried out by states from across the globe, with strong input from civil society observers and from many Council of Europe partner and digital companies leading the digital transformation.
As a treaty with a global vocation - the first of its kind for AI - it helps build bridges across different legal and constitutional traditions, and diverse approaches to technology and governance. It has already been signed by 16 states, including all of the G7, and the EU representing its 27 member states. This represents an endorsement by more than 40 countries.
As regards how the private sector fits into this, the AI Framework Convention affirms states as primary duty-bearers under international treaties, In addition, parties are to ensure that activities within the lifecycle of AI systems comply with the AI Framework Convention when undertaken by public authorities as well as private actors acting on their behalf.
In addition, Parties shall address risks and impacts arising from activities within the lifecycle of AI systems by private actors acting in their individual capacity in a manner conforming with the object and purpose of the AI Framework Convention. In short, the Convention is directly relevant to private actors.
Human rights are not abstract ideals; they require concrete actions by states and other stakeholders, including the private sector. To make this practical, we have developed a risk and impact assessment methodology for AI from the point of view of human rights, democracy and the rule of law - HUDERIA - and are finalising a model with specific guidance.
HUDERIA is intended to be used by public and private actors. It is constructed around risk categories, contexts, and rights, and sets out the specific questions a state, an institution or a company might ask itself when designing, deploying, selling, or even decommissioning an AI system.
It does so through an iterative four-step process. In essence, it turns reflection into a loop: mapping context; hearing from those who are affected; assessing the risks; defining mitigation, and refining safeguards as systems evolve.
We have taken great care so that HUDERIA is not theoretical guidance. We understand the need for forward-looking, actionable steps that businesses and other stakeholders can integrate into their normal work.
To test and build capacity around this approach, we launched in June this year the HUDERIA Academy for the public sector and the HUDERIA Platform for the private sector.
We will convene both the Academy and the Platform on a recurring basis as a standing, practice-oriented forum to support exchange and peer learning and a basis for testing approaches. Companies involved in the Platform expressed strong interest in regular workshops, tools and practical guides, and the Council of Europe will continue its collaboration with the private sector on this.
Indeed, this is perhaps the real added value that we offer for businesses that might be wondering what this human rights approach is all about: help with formulating stable guardrails, practical tools, and a trusted forum to make AI and other new and emerging technologies safe, trusted, and successful.
We invite you to keep working with us: bring your toughest use cases, pressure-test your approaches in our multistakeholder, inclusive setting, and help shape an AI and digital ecosystem where innovation and rights reinforce each another.