AI in prisons must respect detainees' rights - Strasbourg
Council of Europe's recommendation adopted
Guaranteeing that the use of
artificial intelligence (AI) by prison and probation services
respects the human rights and dignity of detainees,
probationers, as well as staff is the objective of
recommendations issued by the Council of Europe to its 46 member
States.
In particular, governments are urged 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 criminal sanctions and measures,
enhancing rehabilitation and reducing recidivism, according to
the recommendations.
The text analyses the ethical and organisational aspects of
using AI and related digital technologies in prison, stressing
that all processes related to the design, development,
provision, use, and decommissioning of AI used by prison
services should be transparent to public scrutiny and comply
with national and international legal standards.
AI, it observes, can help maintain safety and security in
prisons but its use should be strictly necessary and avoid
adverse effects on the privacy and well-being of offenders and
staff.
The document moreover stressed that, when using AI to assist in
decision-making, prison and probation services should put
measures in place to avoid biases against individuals or groups
of individuals and prevent discrimination.
All decisions based on the use of AI which may impact human
rights should be subjected to human review and effective
complaint mechanisms, per the recommendation.
Regarding data protection and the right to privacy, the use of
AI should be limited to what is strictly necessary while
ensuring the confidentiality and the integrity of personal data,
it says.
AI and related digital technologies can assist professionals in
reintegrating offenders into society, but human relationships
should remain a central element of rehabilitation.
As a consequence, AI should complement rather than replace
face-to-face interactions — with health care professionals,
lawyers, social workers, other professionals, and families — all
of which are essential for effective rehabilitation.
The recommendation finally underlines that AI can also enhance
the recruitment, management, training, and development of prison
and probation staff, while emphasising the need to respect the
right of staff to be informed of the reasons for decisions and
to request a human review, if necessary.
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