Council of Europe introduces ethical framework for AI in legislation and justice
The Council of Europe has introduced a charter containing a number of rules and principles intended as a framework for policy makers, legislators and legal professionals. This framework is a guide to guide them in making decisions.
The European Commission for the Efficiency of Justice has drawn up the charter, because in their view the application of artificial intelligence can contribute to improving efficiency and quality in the legal field. An important idea is that AI must be used in a responsible manner, in accordance with the Human Rights Convention and the Convention for the Protection of Individuals with regard to the automated processing of personal data.
The Commission of the Council of Europe believes it is very important that AI remains a tool that serves the public interest, and that its application does not violate the rights of individuals. The committee wants to ensure that these kinds of principles are observed when legal decisions or data are processed by algorithms.
To this end, some core principles have been set out, such as: AI must be consistent with fundamental rights and must not lead to or contribute to discrimination between individuals or groups. Furthermore, the data processing methods used must be accessible, understandable and researchable. Users must also be in control and informed: for example, someone must be clearly informed if solutions proposed by AI are binding and that there is a right to legal advice or a right to go to court.
The European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment is not a framework with rules or principles that are binding on the 53 member states of the Council of Europe. The Council of Europe is separate from the European Union and is made up of almost all European countries, Turkey and Russia. The best-known treaty that has come about under the auspices of the organization is the ECHR, also known as the Human Rights Convention.