Need for democratic governance of artificial intelligence
- Parliamentary Assembly
adopted by the Standing Committee, acting on behalf of
the Assembly, on 22 October 2020 (see Doc. 15150, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Deborah Bergamini).
The Parliamentary Assembly refers
to its Resolution 2341
on the need for democratic governance of artificial
intelligence and welcomes the ongoing efforts made at national,
European and international levels, including at the level of the
Council of Europe, to create a regulatory framework for artificial intelligence
(AI). In the absence of such a framework, the Assembly notes that
private companies developing and using AI-based technologies have
so far opted for a self-regulation policy through soft-law instruments
in this field.
2. The Assembly welcomes the work done by the Ad hoc Committee
on Artificial Intelligence (CAHAI), which is mandated to examine,
through broad multistakeholder consultations, the feasibility and
potential elements of a legal framework for the design, development
and application of AI, based on the Council of Europe’s standards
on human rights, democracy and the rule of law.
3. The Assembly is convinced that strong and swift action is
needed on the part of the Council of Europe to address the challenges
arising from the use of AI-based technologies which may interfere
with, among other things, the functioning of democratic institutions
and processes. Soft-law instruments and self-regulation have so
far proved insufficient to address these challenges and to protect
human rights, democracy and the rule of law. The Council of Europe
is in a strategic position to provide the necessary guidance and
support, in close co-operation and co-ordination with other European
and international institutions and organisations, for creating a
global regulatory framework for AI.
In light of the above, the Assembly recommends that the Committee
express its support
for the preparation of a legally binding instrument governing artificial intelligence,
possibly in the form of a convention, taking into account, inter alia
the elements contained in Resolution 2341 (2020)
4.2 ensure that such a legally binding instrument is based
on a comprehensive approach, deals with the whole life cycle of
AI-based systems, is addressed to all stakeholders and includes
mechanisms to ensure the implementation of this instrument.