Report 'European policy guidelines on AI and algorithm-driven discrimination' (2025)

The first part of the guidelines is structured around the articles in the AI Act which are most critical for equality bodies and other NHRS, either because they directly or indirectly affect their mandate, or because they imply significant changes for other institutions, regulators or governance frameworks. For each of these articles, links are made with existing regulations on data protection (the European Union General Data Protection Regulation,6 the European Union Law Enforcement Directive7 and the Council of Europe Convention 108+ for the Protection of Individuals with regard to Automatic Processing of Personal Data), and the Council of Europe Framework Convention.

The second part of the guidelines offers an overview of the Standards Directives, which are relevant for equality bodies in the context of equality in AI systems, and thematic entry points for the sectors of law enforcement; migration, asylum and border control; welfare and social security; employment; and education, where uses of AI systems pose significant risks in terms of discrimination. Each theme marks the AI Act articles which are relevant for the sector.

This report was prepared in the context of the “Upholding equality and non- discrimination by Equality bodies regarding the use of artificial intelligence in public administrations” project, which is funded by the European Union via the Technical Support Instrument and co-funded by the Council of Europe. The proj ect is implemented by the Council of Europe in co-operation with the European Commission, the Interfederal Centre for Equal Opportunities (Unia, Belgium), the Non-Discrimination Ombudsman (Finland) and the Commission for Citizenship and Gender Equality (Portugal)