Antonio Tejeda Encinas, Lawyer. CEO, Meta Channel Corp. President of the Euro-American Committee of Digital Law - CEA Digital Law
Introduction:
Artificial intelligence (AI) is profoundly transforming societies around the world, bringing both opportunities and critical challenges in areas such as data governance and privacy. In response, a number of international organisations have developed regulatory, ethical and governance frameworks that approach AI regulation, data protection and privacy from different angles. In this report I have tried, without any claim to being exhaustive, to put together a mini-repository of some of the main global instruments in this field, offering a holistic and accessible overview for those involved in developing and regulating AI.
OECD handbook: synergies between AI and privacy:
The OECD handbook on AI, data governance and privacy (June 2024) is one of the most recent frameworks promoting international cooperation in these areas. Although it is not binding, it underlines the need to harmonise policies that manage the risks of generative AI and privacy issues. The GDPR is a key reference point in the handbook, since it lays down important principles on the processing of personal data that are built into many of the frameworks proposed for regulating AI.
Approach:
Encourages cooperation between data protection authorities and the authorities that oversee AI. Shows how GDPR principles can serve as a basis for new AI regulation.
Encourages cooperation between data protection authorities and the authorities that oversee AI. Shows how GDPR principles can serve as a basis for new AI regulation.
The EU AI Act: a binding legal framework:
The EU Artificial Intelligence Act (Regulation (EU) 2024/1689), adopted in 2024, takes a binding approach with extraterritorial reach, classifying AI systems according to the level of risk they pose. It complements the GDPR and strengthens the protection of fundamental rights, particularly with regard to the use of personal data and automated decision-making.
Approach:
Binding in the EU, with extraterritorial reach. Regulates the use of AI through a risk-based approach and complements the GDPR in protecting privacy rights.
Binding in the EU, with extraterritorial reach. Regulates the use of AI through a risk-based approach and complements the GDPR in protecting privacy rights.
The Council of Europe Convention: ethics and human rights:
The Council of Europe Framework Convention on Artificial Intelligence focuses on protecting human rights, democracy and the rule of law in the context of AI. Although it is not binding worldwide, except on its signatories (such as the European Commission itself), it provides an ethical benchmark that reinforces the principles of transparency, accountability and non-discrimination.
Approach:
An ethical framework to ensure that AI development respects human rights and democratic values.
An ethical framework to ensure that AI development respects human rights and democratic values.
UNESCO guidance on the ethics of AI:
In 2021, UNESCO adopted a Recommendation on the Ethics of Artificial Intelligence, setting out principles to ensure that AI is used in ways that promote human well-being, respect fundamental rights and protect cultural diversity. The framework is global and non-binding, but it is the first of its kind to be adopted worldwide.
Approach:
An ethical and governance framework that advocates human-centred AI and the protection of diversity.
An ethical and governance framework that advocates human-centred AI and the protection of diversity.
World Economic Forum (WEF): Global AI Action Alliance:
The World Economic Forum (WEF) launched the Global AI Action Alliance (GAIA), which seeks to foster public-private collaboration in developing ethical and trustworthy AI. GAIA’s reports provide guidance on how businesses and governments can work together to ensure transparency, explainability and accountability in the use of AI.
Approach:
International collaboration on developing ethical AI, involving both the private and the public sector.
International collaboration on developing ethical AI, involving both the private and the public sector.
The OECD AI Principles:
In 2019 the OECD also published its AI Principles, which serve as an international benchmark for the responsible use of AI. Adopted by more than 40 countries, they focus on promoting AI that is safe and transparent and that respects human rights.
Approach:
Promoting accountability, transparency and safety in the use of AI worldwide.
Promoting accountability, transparency and safety in the use of AI worldwide.
ITU report: Global AI Governance Report:
The International Telecommunication Union (ITU) published the Global AI Governance Report, which examines worldwide efforts to regulate AI. The report highlights the importance of global coordination to avoid regulatory fragmentation and to ensure that AI rules are consistent and effective across the world.
Approach:
Global coordination to avoid regulatory fragmentation and promote transparency and accountability in the use of AI.
Global coordination to avoid regulatory fragmentation and promote transparency and accountability in the use of AI.
ILO guidance: AI and labour rights:
The International Labour Organization (ILO) has developed guidance on the use of AI in the workplace, focusing on the protection of labour rights and the impact of automation on employment. This guidance stresses the importance of ensuring that automated decisions respect workers’ rights.
Approach:
Protecting labour rights in the context of AI and process automation.
Protecting labour rights in the context of AI and process automation.
In conclusion:
The development of artificial intelligence, together with the need for responsible governance and privacy protection, calls for regulatory and ethical frameworks at global level. This report has brought together the main instruments and handbooks produced by key institutions such as the OECD, the EU, UNESCO, the World Economic Forum, the ITU and the ILO, showing that each contributes from a unique but complementary perspective.
This set of frameworks should not be seen as a series of interdependent tools, but as a repository of principles and guidelines that nations and businesses can adopt or adapt to ensure that AI is developed ethically and safely, respecting both human rights and local particularities. International cooperation and policy alignment will be essential to manage the challenges of AI and maximise its benefits for society.
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