Council of Europe Publishes Explanatory Memo for AI Treaty

The Council of Europe has released the Explanatory Memo to aid in the interpretation of the proposed AI Treaty. The Explanatory Memo provides background, context, and examples to help explain the meaning of the various Articles contained in the AI Treaty.

Both the AI Treaty and the Explanatory Memo will be considered by the Council of Ministers of the COE at a meeting on 29 April 2024.

CAIDP has worked closely with the Council of Europe on the development of the Treaty, beginning with the creation of the Expert Group (the "CAHAI") and continuing with the establishment of the Committee on AI.

  • CAIDP recognizes the significance of the AI Treaty and supports much of the text, but remains concerned that the Committee on AI failed to fulfill the mandate to establish a <<transversal>> legal instrument to protect fundamental rights, democratic values, and the rule of law.

  • CAIDP urges the Council of Europe to make further changes to ensure that the treaty cover AI systems in the private sector and AI systems that may be labelled "national security."

  • CAIDP also asks the Council of Europe to avoid the creation of secret drafting sessions that exclude civil society organizations and experts. As we have learned from this process, secrecy invites collusion and diminishes democratic institutions.

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