The increased market focus on leveraging AI is propelling regulators and supervisors to put in place safeguards to address risks from AI systems. A key development in this area comes in the form of the signing of the Framework Convention on Artificial Intelligence. The new AI Convention is claimed to be the first international treaty that addresses AI risks by creating a common framework for AI systems applicable to the US, the UK, the EU and other countries. The European Union (EU) is said to have played a significant role in the development and signing of the Framework Convention on Artificial Intelligence.
The Convention is technology-neutral, provides a legal framework covering the entire lifecycle of AI systems, and is fully in line with the EU AI Act. According to an EC press release, it covers a number of key concepts from the EU AI Act such as a risk-based approach, transparency along the value chain of AI systems and AI-generated content, detailed documentation obligations for AI systems identified as high-risk, and risk management obligations with the possibility to introduce bans for AI systems considered a clear threat to fundamental rights. The Framework Convention takes a principles-based approach and requires parties to:
carry out risk and impact assessments in respect of actual and potential impacts on human rights, democracy and the rule of law, in an iterative manner
establish sufficient prevention and mitigation measures as a result of the implementation of these assessments
introduce ban or moratoria on certain application of AI systems
document relevant information regarding AI systems and their usage and to make it available to affected persons
ensure provision of sufficient information to enable people concerned to challenge the decisions made through the use of the system and to challenge the use of the system itself
provide possibility to lodge a complaint to competent authorities
provide effective procedural guarantees, safeguards, and rights to affected persons in connection with the application of an AI system where an AI system significantly impacts upon the enjoyment of human rights and fundamental freedoms
ensure provision of notice that one is interacting with an AI system and not with a human being
The Convention will apply to public authorities (including private actors acting on their behalf) and private actors. However, signatories may also either apply the principles and obligations directly to private actors or to take “appropriate measures” to fulfil the obligations in the Convention. The Convention was signed by the EU, the UK, the US, Israel, Norway, Andorra, Georgia, Iceland, the Republic of Moldova, and San Marino. The Council of Europe Committee of Ministers adopted the Framework Convention on May 17, 2024 while the 46 Council of Europe member states, the European Union and 11 non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America and Uruguay) participated in negotiations.
Several countries have signed the Convention, though the ratification process is ongoing. As per the official communications, the Convention will enter into force on the first day of the month following the expiration of a period of three months after the date on which five signatories, including at least three Council of Europe member states, have ratified it. Countries from all over the world will be eligible to join it and commit to complying with its provisions.
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