Automated data processing techniques, such as algorithms, do not only enable users to seek and access information, they are also increasingly used in decision-making processes, that were previously entirely in the remit of human beings. In a Recommendation on the human rights impacts of algorithmic systems, the Council of Europe´s Committee of Ministers issued a set of guidelines calling on governments to ensure protection of human rights through the use, development or procurement of algorithmic systems. In addition, as regulators, governmental agencies should establish effective and predictable legislative, regulatory and supervisory frameworks that prevent, detect, prohibit and remedy human rights violations, whether stemming from public or private actors.

As a follow-up to the translation of the Council of Europe study “Algorithms and human rights”, the EU and Council of Europe action on Freedom of expression and freedom of the media in North Macedonia (JUFREX) supporting the media regulatory authority in North Macedonia – the Agency for audio and audio-visual media services, translated in MACEDONIAN this recently published Recommendation CM/Rec(2020)1 of the Committee of Ministers to member states on the human rights impacts of algorithmic systems.

The recommendation acknowledges the vast potential of algorithmic processes to foster innovation and economic development in numerous fields, including communication, education, transportation, governance and health systems. In the current COVID-19 pandemic, algorithmic systems are being used for prediction, diagnosis and research on vaccines and treatments. Enhanced digital tracking measures are being discussed in a growing number of member States – relying, again, on algorithms and automation.

At the same time, the recommendation warns of significant challenges to human rights related to the use of algorithmic systems, mostly concerning the right to a fair trial; privacy and data protection; freedom of thought, conscience and religion; the freedoms of expression and assembly; the right to equal treatment; and economic and social rights.

Given the complexity, speed and scale of algorithmic development, the guidelines stress that member States must be aware of the human rights impacts of these processes and put in place effective risk-management mechanisms. The development of some systems should be refused when their deployment leads to high risks of irreversible damage or when they are so opaque that human control and oversight become impractical.

As a matter of principle, States should ensure that algorithmic systems incorporate safety, privacy, data protection and security safeguards by design. States must further carefully consider the quality and provenance of datasets, as well as inherent risks, such as the possible de-anonymisation of data, their inappropriate or decontextualised use, and the generation of new, inferred, potentially sensitive data through automated means.
The guidelines underline the need for governments to endow their relevant national institutions responsible for supervision, oversight, risk assessment and enforcement with adequate resources and authority. They should also engage in regular consultation and cooperation with all relevant stakeholders, including the private sector, and foster general public awareness of the capacity and impacts of algorithmic systems, including their risks.

The Action on Freedom of expression and freedom of the media in North Macedonia - JUFREX is part of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey II”, implemented by the Council of Europe. This co-operation initiative enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with the European standards, including where relevant within the framework of the EU enlargement process.

 Recommendation CM/Rec(2020)1 on human rights impacts of algorithmic systems (Macedonian)

 Recommendation CM/Rec(2020)1 on human rights impacts of algorithmic systems (English)