Comments from the Council of Europe Information Society Department
Comments by the Council of Europe’s Information Society Department on the Report of the UN Secretary General’s High-level Panel on Digital Cooperation
The Council of Europe Information Society Department welcomes the well-timed report from the High-level Panel on Digital Cooperation, its commitment to a broad multi-stakeholder approach, and the fact that it recognises the importance of human rights and human agency in the digital age as issues that require close attention from governments and other stakeholders.
The Council of Europe is the continent’s leading human rights organisation. It comprises 47 member states, 28 of which are members of the European Union. All Council of Europe member States are bound by the European Convention on Human Rights, which effectively secures the human rights and fundamental freedoms of 830 million people in Europe. Therefore, the Council of Europe has been providing continued guidance to governments on how best to discharge their human rights obligations, including vis-a-vis the digital transformation of multiple spheres of life.
In addition, several Council of Europe’s instruments and frameworks address specific challenges stemming from the growing use of digital technologies. These instruments include the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108),1 the Council of Europe Convention on Cybercrime (Budapest Convention)2, the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse3, and the Oviedo Convention on Bio-Ethics4. The Council of Europe’s legal instruments on data protection and cybercrime are recognised and applicable far beyond Europe, as they count a growing number of non-European states parties.5
The Council of Europe has also developed a vast body of standards of non-binding nature, such as the Committee of Ministers Recommendation (2014)6 of the human rights guide for internet users, Recommendation (2016)5 on internet freedom, Recommendation CM/Rec(2018)7 on Guidelines to respect, protect and fulfil the rights of the child in the digital environment, the Declaration on the manipulative capabilities of algorithmic processes of February 2019, and many more. Currently a draft recommendation on the human rights impacts of algorithmic systems is in preparation.
Technological advancement enhances human development and contributes to creating optimal conditions for the exercise of human rights. Digital technologies also hold significant potential for economic growth and innovation, which are goals that are essentially rooted in the shared values of democratic societies. Therefore, economic and other, including human rights- related, benefits deriving from technological progress cannot be realised without duly respecting these shared values. The broader implications of the use of digital technologies, as well as their possible misuse, for the core values of democratic societies must thus be taken very seriously.
Given the speed and scale at which digital advancement occurs, it is particularly important now to develop efficient responses to the newly arising challenges. Digital technologies affect all aspects of human life globally and transversally. All states and all stakeholder groups are therefore required to coordinate efforts and, inter alia, share information and good practices to ensure continued innovation in full adherence to the key values of human rights, democracy and the rule of law.
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The Council of Europe has substantial experience in assessing the possible human rights risks that may stem from digital technologies and developing legal and non-legal mechanisms and standards for effectively amplifying positive effects of digital technologies for individuals, communities and societies while minimising adverse effects on human rights, the functioning of democratic societies and the viability of institutional frameworks. While doing so, the Council of Europe has sought to develop standards that can be used at global level, as fragmentation of rules hinders effectiveness and progress.
The Council of Europe applies a variety of working methods, being engaged at horizontal level (through the newly established Ad Hoc Committee on Artificial Intelligence (CAHAI) which will be examining the feasibility and potential elements of a framework related to the development of artificial intelligence in line with Council of Europe standards) and in sector-specific work for concrete guidance on integration of digital technologies in specific fields, such as judicial systems, data protection and privacy, freedom of expression, or child protection.
Aware of the outstanding role that the UN plays globally in setting and maintaining human rights standards in a range of spheres, we value the fact that our Organisations’ efforts aim in the same direction and would welcome extended cooperation. In particular, the Council of Europe stands ready to offer its vast experience to be used in the context of the Human Rights Council’s deliberations to support the aims of the Report.
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1 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, ETS 108, as amended by the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, CETS 223…
2 Convention on Cybercrime of the Council of Europe, CETS 185.
3 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, CETS 201.
4 Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, CETS164
5 As of September 2019, the Convention 108 counts 55 states parties, the Budapest Convention counts 64 states parties.
For reference please see also the comments by the Data Protection Unit of the Council of Europe
Recent Comments on this Site
3rd July 2023 at 2:58 pm
I agree with Michael’s comment.
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3rd July 2023 at 2:56 pm
This first message makes no sense. Please take into consideration the comment made by Torsen.
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3rd July 2023 at 2:37 pm
3 The Ukrainian Internet resilience is impossible without worldwide cooperation, help and support. There are very good examples of such cooperation, and not very good. These lessons also have to be documented and analysed.
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3rd July 2023 at 12:14 am
In responding to the points around the impact encryption, I would ask that the comments I made around the UK’s Online Safety Tech Challenge Fund and academic paper by Ian Levy and Crispin Robinson are added to the key messages.
I referenced a paper by Ian Levy and Crispin Robinson, two internationally respected cryptographers from the UK’s National Cyber Security Centre, which set out possible solutions to detecting child sexual abuse within End-to-End Encrypted Environments that companies could be exploring to balance both the rights to privacy and the rights of children to grow up in a safe and secure environment free from child sexual abuse.
The link to the paper is copied below:
[2207.09506] Thoughts on child safety on commodity platforms (arxiv.org)
And the UK Safety Tech Challenge Fund:
Lessons from Innovation in Safety Tech: The Data Protection Perspective – Safety Tech (safetytechnetwork.org.uk)
It is important that we balance the concerns about the breaking of encryption, with the possibilities that should be being explored to prevent child sexual abuse from entering or leaving these environments.
Andrew Campling also made points about the right to privacy not being an absolute right and the need to balance this right, with other rights- another point I think that is worth reflecting in this final paragraph.
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3rd July 2023 at 12:00 am
I agree with the amendment Torsten has proposed to the initial text.
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2nd July 2023 at 11:58 pm
I would be careful about saying these images have been created consensually. Just because an image is “self-generated” it does not mean it has been created through “sexting”. Children are being “groomed” and “coerced” into creating these images as well.
I agree- however, with the rewritten text above regarding what companies currently do and what they will be required to do if the EU proposal becomes law and is clearer than what was written in the initial text.
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2nd July 2023 at 3:21 pm
The Internet has changed how war is fought, and how it is covered by media. At
the same time, the war has put “One world, one Internet” to a stress test. The foundations of global and interoperable Internet should not be affected by the deepening geopolitical divide, even though it has fragmented the content layer.
No one has the right to disrupt the global network that exists as a result of voluntary cooperation by thousands of networks. The mission of Internet actors is to promote and uphold the network, and to help restore it if destroyed by armed aggression.
The war has been accompanied by heightened weaponization of the content layer of the Internet. New EU legislation is expected to curb at least the role of very large platforms in spreading disinformation and hate speech.
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2nd July 2023 at 2:36 pm
I kindly suggest the following changes:
Please add these two important points that were said by the speakers/audience:
– There is an initiative on the Nordic level to protect children from the harms of the Internet, and this initiative has already been promulgated into legislation in Denmark.
– As the role of parents is crucial in educating children to use the Internet in a savvy way, also parents need education. That’s why we need adult education also from beyond the formal education system, just like the adult education system in Finland already provides training in basic digital skills.
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2nd July 2023 at 2:35 pm
I kindly suggest the following changes:
– governs => governments
– Replace this: ”Therefore, the contemporary political landscape requires three-level trust: political power; knowledge organisations; and individual.”
– By this:
– ”Therefore, the contemporary political landscape requires three levels of trust: trust in basic societal functions and structures of the society, trust in knowledge organizations, and trust between one another as individuals.”
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2nd July 2023 at 2:32 pm
I kindly suggest the following changes:
Replace this: ”Thus, one of the key priorities is to enhance citizens digital literacy and education going beyond only digital competencies and including cultural aspects.”
with this: ”Thus, one of the key priorities is to enhance citizens’ digital literacy and education by going beyond just digital competencies and including also ethical, social and cultural dimensions.”
Add this important point that was said by the speaker: Responsibility for digital information literacy education lies not only with the formal education system, but also cultural institutions, NGOs, youth work play a key role.
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