(Adopted by the Committee of Ministers on 8 April 2020
at the 1373rd meeting of the Ministers’ Deputies)
Preamble
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that member States of the Council of Europe have committed themselves to ensuring the rights and freedoms enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, “the Convention”) to everyone within their jurisdiction and that this commitment stands throughout the continuous processes of technological advancement and digital transformation that European societies are experiencing;
Reaffirming that, as a result, member States must ensure that any design, development and ongoing deployment of algorithmic systems occur in compliance with human rights and fundamental freedoms, which are universal, indivisible, inter-dependent and interrelated, with a view to amplifying positive effects and preventing or minimising possible adverse effects;
Recognising the unprecedented rise in the use of digital applications as essential tools of everyday life, including in communication, education, health, economic activities and transportation, their increasing role in governance structures and the management and distribution of resources and the fact that cross-cutting technologies using algorithmic systems, with the appropriate incentives, have the potential to address important challenges, including climate change and sustainable development;
Conscious therefore of the evolving impact, which may be positive or negative, that the application of algorithmic systems with automated data collection, analytics, decision making, optimisation or machine learning capacities has on the exercise, enjoyment and protection of all human rights and fundamental freedoms, and of the significant challenges, also for democratic societies and the rule of law, attached to the increasing reliance on algorithmic systems in everyday life;
Underlining the need to ensure that racial, gender and other societal and labour force imbalances that have not yet been eliminated from our societies are not deliberately or accidentally perpetuated through algorithmic systems, as well as the desirability of addressing these imbalances through using appropriate technologies;
Bearing in mind that digital technologies hold significant potential for socially beneficial innovation and economic development, and that the achievement of these goals must be rooted in the shared values of democratic societies and subject to full democratic participation and oversight;
Reaffirming therefore that the rule of law standards that govern public and private relations, such as legality, transparency, predictability, accountability and oversight, must also be maintained in the context of algorithmic systems;
Considering that ongoing public and private sector initiatives intended to develop ethical guidelines and standards for the design, development and ongoing deployment of algorithmic systems, while constituting a highly welcome recognition of the risks that these systems pose for normative values, do not relieve Council of Europe member States of their obligations as primary guardians of the Convention;
Recalling the obligation of member States under the Convention to refrain from human rights violations, including throug
