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Council of Europe: ensuring that the use of artificial intelligence and digital technologies in prisons respects human rights

The Council of Europe has issued recommendations to its 46 Member States today to ensure “that the use of artificial intelligence (AI) and related digital technologies by prison and probation services respects the human rights and dignity of detainees, probationers, as well as staff”. The recommendations, which are intended to guide states when adopting national legislation, policies and practices, provide that technologies should be used “legitimately and proportionately and only if they contribute to the rehabilitation of offenders”; they should not replace staff in their everyday work and interaction with offenders – the text adopted by the Committee of Ministers reads – but rather be used to improve the “rehabilitation and resocialisation of persons” and to reduce recidivism. Indeed, artificial intelligence can help maintain prison security, but it must not have adverse effects on the privacy and well-being of those who live or work in a prison. It must also be ensured that the AI used in decision-making prevents “discrimination or inequality between individuals or groups of individuals”. Likewise, AI cannot re-assess complaints on the protection of human rights. The integrity and confidentiality of personal data must be preserved, according to the recommendations. And it is good to use artificial intelligence to improve the selection, management, training and development of prison and probation staff.

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