The Law and AI: UK signs first international AI Convention

On 5 September 2024, the UK government alongside the EU and the US signed the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the “AI Convention”).

This is historic in nature as it is the world’s first treaty on AI. The AI Convention obliges its signatories to put in place laws to ensure that AI systems comply with a number of fundamental aspects of law and democracy including human rights law, democracy, transparency and the prohibition of discrimination. The UK’s Lord Chancellor and Justice Secretary Shabana Mahmood commented, “…this convention is a major step to ensuring that these new technologies can be harnessed without eroding our oldest values, like human rights and the rule of law.”

Key provisions

Due to the rapid pace at which AI is advancing and touching us in our everyday lives, the AI Convention has been introduced to create governance surrounding the entire lifecycle of AI systems. The AI Convention requires signatory states to monitor and control AI applications throughout their lifecycle to avoid abuses such as data exploitation, misinformation and discrimination. Here are some of the key provisions:

Article 4 instructs that signatory states need to ensure that AI systems should comply with the signatory state’s domestic and international human rights law.
Article 5 requires signatory states to introduce measures that ensure that any AI systems do not undermine the integrity, independence, and effectiveness of democratic institutions and processes, it also states that measures should be put in place to protect democratic processes.
Article 7 and 8 state measures need to be put in place to ensure respect of human dignity and for transparency with regard to identifying content generated by AI system.
Article 10 states that signatory states should adopt measures to ensure AI respects equality and the prohibition of discrimination.
Article 16 sets out that signatory states can assess the need for a ban or other appropriate measures in respect of certain AI.

The framework provided by the AI Convention is intentionally broad and technology neutral in order for it to evolve with advancements and provide for a global reach. Signatory states will have the ability to interpret and adapt the AI Convention in accordance with their own legal systems and customs but within a controlled framework and set of standards that ensure AI technologies uphold human rights, support democratic principles, and respect legal norms. Putting in place safeguards to prevent AI from undermining democratic processes or institutional integrity is paramount. Secretary General of the Council of Europe, Marija Pejčinović Burić said: “We must ensure that the rise of AI upholds our standards, rather than undermining them. The Framework Convention is designed to ensure just that.”

Confronting AI risks

The AI Convention seeks to confront risks that AI could potentially have on human rights, democracy, and the rule of law. A good example of this is AI’s ability to spread misinformation and biases that could impact individuals in varying scenarios, for example the screening of job applications. This happened with an AI system that Amazon was using to hire for software developer roles; the system was not gender neutral and it was observing patterns in previous successful resumes that were largely from male candidates. Due to the male dominance across the tech industry, the system thought male candidates were more preferable. Under the AI Convention, signatory nations will be expected to introduce safeguards to ensure that AI systems are not trained on biased data and that AI does not stand in the way of equality.

How will the UK implement the provisions in the AI Convention?

The EU has already put in place its own EU AI Act, which we have discussed in a previous blog series. This of course does not apply to the UK.

The UK government will continue to develop its existing laws and measures once the AI Convention is brought into effect in the UK. It plans to continue working with regulators, devolved administrations and local authorities to enhance what is currently in place, including the strengthening of the Online Safety Act 2023. It also intends to legislate further on AI. Most recently the UK’s Data (Use and Access) Bill was introduced into Parliament for its first reading. Please see our blog here for further information on the new bill.

By signing the AI Convention, the UK has shown its continued commitment to playing an important role in ensuring trustworthy and secure AI.

AI is a rapidly evolving area. This blog is the first in a new series on the shifting landscape of AI. We will be reporting on all the latest developments and news so be sure to check back here for further updates.

If you have any questions or would like to discuss any of the topics in this article, please contact Nick Phillips or Selina Clifford in our Information Technology team.

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