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Towards a Global Governance of AI: Key Instruments for Privacy and Ethics in the Digital Age

Introduction:

Artificial intelligence (AI) is profoundly transforming societies globally, raising both opportunities and critical challenges in areas such as data governance and privacy. Faced with these changes, different international organizations have developed regulatory, ethical and governance frameworks, which address the regulation of AI, data protection and privacy from different angles. With this report I try, without being exhaustive, to make a mini REPOSITORY that compiles some of the main global instruments in this field, providing a holistic and accessible vision for the actors involved in the development and regulation of AI.
 

OECD Manual: Synergies between AI and Privacy:

The OECD Handbook on AI, Data Governance and Privacy (June 2024) is one of the most recent frameworks in promoting international cooperation on these issues. While not binding, it highlights the need to harmonize policies that manage generative AI risks and privacy aspects. The GDPR is a key reference in this manual, as it establishes important principles on the processing of personal data, which are integrated into many of the frameworks proposed to regulate AI.
 
Approach:
Encourages cooperation between data protection authorities and those overseeing AI. Shows how the principles of the GDPR can serve as a basis for new regulations in AI.
 

EU AI Regulation: A Binding Legal Framework:

The EU AI Regulation (EU AI Act), approved in 2024, establishes a binding and extraterritorial approach, categorizing AI systems according to the level of risk they represent. This regulation complements the GDPR and reinforces the protection of fundamental rights, particularly in relation to the use of personal data and automated decision-making.
 
Approach:
Binding in the EU and extraterritorial in nature. Regulates the use of AI with a risk-based approach and complements the GDPR to protect privacy rights.
 

Council of Europe Convention: Ethics and Human Rights:

The Council of Europe Convention on AI focuses on the protection of human rights, democracy and the rule of law in the context of AI. Although it is not globally binding, except for the signatories, such as the European Commission itself, it provides an ethical reference that reinforces the principles of transparency, responsibility and non-discrimination.
 
Approach:
An ethical framework to ensure that AI development respects human rights and democratic values.
 

UNESCO Guide on AI Ethics:

In 2021, UNESCO adopted a Recommendation on the Ethics of AI, which sets out principles to ensure that AI is used in ways that promote human well-being, respect fundamental rights and protect cultural diversity. This framework is global and non-binding, but is the first of its kind adopted globally.
 
Approach:
An ethical and governance framework that advocates for human-centered 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 the development of ethical and trustworthy AI. GAIA reports provide guidance on how companies and governments can work together to ensure transparency, explainability and accountability in the use of AI.
 
Approach:
International collaboration for the development of ethical AI that involves both the private and public sectors.
 

OECD Artificial Intelligence Principles:

In 2019, the OECD also published the AI Principles, which serve as an international reference for the responsible use of AI. These principles have been adopted by more than 40 countries and focus on promoting AI that is safe, transparent and respects human rights.
 
Approach:
Promotion of responsibility, transparency and security in the use of AI globally.
 

ITU Report: Global AI Governance Report:

The International Telecommunication Union (ITU) published the Global AI Governance Report, which examines global efforts to regulate AI. This report highlights the importance of global coordination to avoid regulatory fragmentation and ensure that AI regulations are consistent and effective globally.
 
Approach:
Global coordination to avoid regulatory fragmentation and promote transparency and responsibility in the use of AI.
 

ILO Guide: AI and Labor Rights:

The International Labor Organization (ILO) has developed guides on the use of AI in the workplace context, focused on the protection of labor rights and the impact of automation on employment. These guides highlight the importance of ensuring that automated decisions respect workers’ rights.
 
Approach:
Protection of labor rights in the context of AI and process automation.
 

As a conclusion:

The development of Artificial Intelligence and the need for responsible governance and privacy protection require regulatory and ethical frameworks at a global level. This report has compiled the main instruments and manuals developed by key institutions such as the OECD, the EU, UNESCO, the World Economic Forum, the ITU and the ILO, highlighting that each contributes from a UNIQUE but COMPLEMENTARY perspective.
 
This set of frameworks should NOT be viewed as a series of INTERDEPENDENT tools, but rather as a REPOSITORY of principles and guidelines that nations and companies 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 maximize its benefits to society.

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