The Council of Europe has issued recommendations to its 46 member states aimed at ensuring 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.
In a new Recommendation the Council of Europe’s Committee of Ministers calls on governments to ensure that prison and probation services use the technologies legitimately and proportionately and only if they contribute to the rehabilitation of offenders. The technologies should not replace prison and probation staff in their everyday work and interaction with offenders but rather assist them in that work, and help the criminal system, particularly in executing penal sanctions and measures, enhancing rehabilitation and resocialisation of persons in conflict with the law and reducing recidivism.
The Recommendation addresses the ethical and organisational aspects of using AI and related digital technologies in prison and by probation services and aims to guide states when adopting national legislation, policies, and practices. It highlights that all processes related to the design, development, provision, use, and decommissioning of AI and related technologies used by prison and probation services and private companies acting on their behalf should be transparent to public scrutiny and comply with national and international legal standards, including the Council of Europe Framework Convention and Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225).
The Recommendation notes that AI can assist in maintaining safety and security in prisons and, therefore, allow for better risk and crisis management. However, its use should be strictly necessary and avoid adverse effects on the privacy and well-being of offenders and staff.
Council of Europe and Artificial Intelligence
Council of Europe and Prisons and Community Sanctions and Measures
Explanatory Memorandum to Recommendation CM/Rec(2024)5
