Parliamentary Assembly of the Council of Europe calls for comprehensive application of AI treaty provisions to private sector

The Parliamentary Assembly of the Council of Europe (PACE) has welcomed the finalisation of the draft Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law. However, PACE has expressed regret that the draft does not cover the private sector to the same extent as public actors. PACE must provide its opinion before the draft treaty can be adopted by the Committee of Ministers of the Council of Europe.

In its unanimous approval, PACE acknowledged that many AI systems are developed by private entities, and not sufficiently covering the private sector creates a significant loophole. PACE urges all member states of the Council of Europe to fully apply the provisions of the convention to private actors when ratifying the treaty. Additionally, PACE hopes that a dynamic interpretation of the convention’s provisions by the Conference of the Parties, its supervisory mechanism, will lead to progress over time through reporting requirements and peer pressure.

PACE has proposed various amendments to strengthen the draft convention. It suggests that restrictions on applying the convention to AI activities related to national security or defense interests should only be permitted if they adhere to international human rights law. Moreover, states should put in place limitations or even bans on certain uses of AI that are incompatible with human rights. The Assembly has also recommended inserting a specific provision on health and the environment.

The draft convention, due to be adopted by the Committee of Ministers, has been negotiated by representatives from Council of Europe member states, the European Union, and non-European states.