The Council of Europe Commissioner for Human Rights has recently published recommendations for improving compliance with human rights regulations by parties developing, deploying or implementing artificial intelligence (AI).
The recommendations are addressed to Member States. The principles concern stakeholders who significantly influence the development and implementation of an AI system.
The Commissioner has focussed on 10 key areas of action:
- Human rights impact assessment (HRIA) – Member States should establish a legal framework for carrying out HRIAs. HRIAs should be implemented in a similar way to other impact assessments, such as data protection impact assessments under GDPR. HRIAs should review AI systems in order to discover, measure and/or map human rights impacts and risks. Public bodies should not procure AI systems from providers that do not facilitate the carrying out of or publication of HRIAs.
- Member States public consultations – Member States should allow for public consultations at various stages of engaging with an AI system, and at a minimum at the procurement and HRIA stages. Such consultations would require the publication of key details of AI systems, including details of the operation, function and potential or measured impacts of the AI system.
- Human rights standards in the private sector – Member States should clearly set out the expectation that all AI actors should “know and show” their compliance with human rights principles. This includes participating in transparent human rights due diligence processes that may identify the human rights risks of their AI systems.
- Information and transparency – Individuals subject to decision making by AI systems should be notified of this and have the option of recourse to a professional without delay. No AI system should be so complex that it does not allow for human review and scrutiny.
- Independent oversight – Member States should establish a legislative framework for independent and effective oversight over the human rights compliance of AI systems. Independent bodies should investigate compliance, handle complaints from affected individuals and carry out periodic reviews of the development of AI system capabilities.
Continue Reading Council of Europe publish recommendations for the regulation of AI to protect human rights