ECNL represents the Conference of INGOs of the Council of Europe (CINGO) in the Council of Europe (CoE) Committee on Artificial Intelligence (CAI).
In a new statement on the forthcoming global AI Convention, CINGO argues against the possibility of carving out blanket exemptions for AI systems designed, developed and used for national security purposes. The CoE Framework Convention on Artificial Intelligence (AI) and Human Rights, Rule of Law, and Democracy will be the first-ever global legally binding and standard-setting instrument for AI systems, open to accession of non-European countries.
CINGO’s statement – endorsed by CAI Observers ALLAI, AccessNow, AlgorithmWatch, CAIDP, Global Partners Digital, Fair Trials and Digitale Gesellschaft Switzerland – argues against a blanket exemption, highlighting that:
- The European Convention of Human Rights (ECHR) – which is the cornerstone of the CoE human rights system and whose ratification is a pre-condition for CoE membership – does not provide a blanket exemption for national security purposes;
- Both the ECHR and other international standards, such as the International Convention on civil and Political Rights (ICCPR), acknowledge national security as one of the legitimate grounds for restrictions on fundamental rights, but requests that such restrictions must be explicitly defined by law and deemed necessary and proportionate in a democratic society.
Therefore, CINGO and the other CAI Observers endorsing the Statement propose that the scope of the Framework Convention should:
- Either not explicitly mention national security, leaving it to national courts to determine how to balance it as a legitimate interest with the protection of human rights and fundamental freedoms, as prescribed by the international human rights treaties;
- Or refer to national security as a legitimate ground for restrictions in the Framework Convention but requiring such restrictions to be clearly established by law and proportionate in a democratic society.
The AI Convention is expected to be adopted in early 2024 by the CoE Committee of Ministers and signed immediately by the non-European States that are taking part in the ongoing negotiations, i.e., the United States of America, Canada, Israel, Japan and Mexico.