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general principles applicable to all AI systems (art. 4 a letter (f)), AI systems shall be developed and used in a sustainable and environmentally friendly manner as well as in a way to benefit all human beings, while monitoring and assessing the long-term impacts on the individual, society and democracy. 228 2.3 The Council of Europe The Committee of Ministers of the CoE has tasked the Committee on Artificial Intelligence with elaborating a legally binding instrument on the development, design and application of AI systems based on the CoE’s standards on human rights, democracy and the rule of law. In July 2023, the consolidated working draft of the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law (hereinafter “Convention”) was made public. The purpose and object of the Convention is to set out principles and obligations aimed at ensuring that design, development, use and decommissioning of AI systems are fully consistent with respect for human dignity and individual autonomy, human rights and fundamental freedoms, the functioning of democracy and the observance of the rule of law. 229 The Convention shall apply to design, development, use and decommissioning of AI systems that have the potential to interfere with the respect for human rights and fundamental freedoms, the functioning of democracy and the observance of rule of law, but shall not apply to research and development activities regarding AI systems unless the systems are tested or otherwise used in ways that have the potential to interfere with human rights and fundamental freedoms, democracy and the rule of law. 230 The scope of the Convention formulated in this way provides a wide scope for interpretation as to whether a certain AI system falls under the Convention or not. In our opinion, a more precise definition of scope is necessary. The Convention is built on the principles of (a) transparency and oversight; (b) accountability and responsibility; (c) equality and non-discrimination; (d) privacy and personal data protection; (e) safety, security and robustness; (f) safe innovation. 231 All of the mentioned principles are present in most codes of ethics on AI. 232 In order to give full effect to the principles and obligations set out in this Convention, each Party shall maintain and take such graduated and differentiated measures in its domestic legal system as may be necessary and appropriate in view of the severity and probability of 228 Ibid, Amendment 213. 229 Council of Europe – Committee on Artificial Intelligence, Consolidated working draft of the Framework Convention on Artificial Intelligence, Hu-man Rights, Democracy and the Rule of Law, 7 July 2023, CAI(2023)18, , Art. 1. 230 Ibid., Art. 4, para 1 and 2. 231 Ibid., Art. 7–12. 232 See for instance United Nations Inter-Agency Working Group on Artificial Intelligence, Principles for the Ethical Use of Artificial Intelligence in the United Nations System, (2022) ; Floridi L, Cowls J, Beltrametti M et al, ‘AI4People — An Ethical Framework for a Good AI Society: Opportunities, Risks, Principles, and Recommendations’ (2018) 28 Minds and Machines 689.

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