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TOWARDS GLOBAL GOVERNANCE: PROGRESS ON AI REGULATION IN EUROPE

Recent developments in the regulation of AI in Europe mark an important
milestone in the governance of this technology. It is essential to develop
public policies and regulations that promote the responsible development of AI
and the protection of human rights worldwide through international cooperation
and dialogue.

 * Paloma Villa Mateos Follow
   
   Head of Digital Public Policy

 * Pablo Barrionuevo Follow
   
   Head Public Policy and Internet, Telefónica

21/03/2024

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The latest milestones in the regulation of Artificial Intelligence (AI) at the
Council of Europe (CoE) and the EU mark a new stage in the governance of AI.
These developments reflect the European vision on how to ensure an ethical
approach, ensure human rights and transparency in the development and deployment
of AI, laying the foundations for responsible and comprehensive governance of
this emerging technology.




FIRST INTERNATIONAL TREATY ON ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS

This treaty, the first of its kind, will ensure that the rise of Artificial
Intelligence respects the Council of Europe’s legal standards on human rights,
democracy and the rule of law. Its finalisation is an extraordinary achievement

Marija Pejčinović Burić, Secretary General of the Council of Europe

On 14 March, the Council of Europe’s Committee on Artificial Intelligence (CAI)
finalised the draft Convention on Artificial Intelligence, Human Rights,
Democracy and the Rule of Law. Although the agreed text will ultimately not be
binding on the private sector, it will require governments to assess the
potential risks posed by companies’ use of AI. For example, the latest draft
largely leaves it up to countries to determine how they will ensure that the
private sector complies with the treaty.

The agreed draft text also excludes AI systems developed or used for activities
considered to fall within the scope of national security or research activities.
However, these systems will have to include the necessary measures to ensure
compliance with international law.

Once adopted by the Council of Europe’s Committee of Ministers in the coming
weeks, countries around the world will be able to join the treaty and uphold the
high ethical standards it sets.




A PIONEERING MODEL OF COOPERATION IN THE INTERNATIONAL ARENA

It is important to applaud the vision, openness and inclusiveness of the CoE
throughout the process of drafting the Convention. It should be noted that this
international treaty is the result of a collaborative framework in which
non-member states of the CoE (USA, Japan, Canada, among others) contributed as
observers on the basis of shared values and objectives. This collaboration has
not always been easy, but it has certainly been crucial. The Convention achieves
the right policy balance precisely because it has benefited from the input of
governments and experts, as well as industry and civil society.

The Convention will undoubtedly be a global instrument, open to the world, in
coherence with the principles and codes of conduct adopted in other bodies
(OECD, UNESCO) and international processes (Hiroshima process), and is aligned
with the EU AI law.




SHAPING THE FUTURE OF ARTIFICIAL INTELLIGENCE IN THE EU

Meanwhile, in the European Union, the European Parliament formally approved the
proposed Artificial Intelligence Act on 13 March. Final adoption by the Council
is expected in April. This legislation is a pioneering global effort to
establish a risk and impact-based framework of obligations to ensure the safety,
fundamental rights and sustainability of AI systems in the EU. It bans specific
applications such as biometric categorisation and emotion recognition in the
workplace. It allows the use of remote biometric identification systems in
public spaces for law enforcement purposes, subject to judicial authorisation
and restrictions. General purpose AI models will be subject to strict
obligations and oversight.

As the first jurisdiction to adopt specific legislation on AI, the EU is
positioning itself as a leader in the responsible governance of this technology.
Telecom companies must adapt to this new regulation, adopt a culture of ethical
AI deployment and prepare for additional future legislation following the EU
elections in June. Strategic adaptation and ensuring the ethical use of AI are
becoming strategic priorities for companies in the sector.




SELF-REGULATION IN AI GOVERNANCE: TELEFÓNICA’S MODEL AS A BENCHMARK

In this context, self-regulation in Artificial Intelligence (AI) plays a crucial
role, as institutional timelines are not keeping pace with innovation. Public
and private entities have a responsibility to establish internal standards and
oversight processes to ensure that AI systems are designed and deployed in an
ethical manner, respecting human rights and avoiding potential harm.
Self-regulation allows for greater flexibility and adaptability as technology
advances, enabling organisations to keep up with the latest developments and
ethical challenges in the field of AI.

Telefónica already established a governance model for Artificial Intelligence in
December 2023, in line with European regulatory changes and based on ethical
principles and trustworthiness assessments since 2018. This model, which
emphasises business involvement, functional coordination and risk orientation,
will be key to the company’s technological advances, while AI is seen as an
opportunity for well-being, economic growth and positive social impact.

While the adoption of the AI law is an important step, it also marks the
beginning of a nuanced implementation phase, as the complexity of some of the
legislative mandates should lead to an ongoing dialogue between the public and
private sectors, especially in the setting of standards. Moreover, the
possibility of additional AI legislation following the EU elections in June has
already been anticipated, underlining the commitment to continuously refine and
expand the regulatory landscape around AI technologies.




INTERNATIONAL COOPERATION AND DIALOGUE AS A MODEL FOR ADDRESSING AI CHALLENGES

In an increasingly interconnected and technology-dependent world, it is
essential that we address the challenges of AI on a global scale. The Council of
Europe’s AI Convention and the EU’s AI Law are important steps towards stronger
and more ethical regulation of this technology in Europe. However, to maximise
their impact and ensure effective implementation, it is crucial that these
initiatives do not remain confined to European borders.

It is imperative that we seek global approaches that transcend geographical and
cultural barriers. The principles and codes of conduct established by
international bodies such as the OECD, UNESCO and the Hiroshima process are
important steps in this direction. We must work together to develop norms and
ethical standards to guide the development and use of AI worldwide, ensuring
that this technology is used for the benefit of humanity and in full respect of
fundamental rights.

In this regard, governments should continue to work with industry, academia and
civil society to develop policies and regulations that promote the responsible
development and use of AI. This can include the establishment of AI ethics and
advisory committees, the implementation of transparency and accountability
standards, and the promotion of education and digital literacy to enable people
to understand and participate in the debate on AI regulation.

Only through international cooperation and dialogue can we effectively and
equitably address the ethical, social and regulatory challenges posed by AI. Now
more than ever, it is time to join forces and work towards a global regulation
of AI that promotes responsible innovation and protects the interests of all
people around the world.

 * Public Policy
 * Artificial Intelligence

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