The “Right to an Explanation” of Automated Decision-making Systems—Highlights of the EU Legal Landscape Referring to Explainable AI: Part 2

This is Part 2 of an article which shows to what extent the General Data Protection Regulation (GDPR) can safeguard an individual’s right to an explanation of the output from automated decision-making systems (which use machine learning (ML) algorithms). In doing so, the author makestwo novel contributions.The first highlights all the GDPR rulesreferring to“the right to explanation” (or “right to an explanation”) of automated decision-making systems and the second shows that the “right to explanation” of automated decision-making systems reaches far beyond the GDPR as a starting point for safeguarding individual interests. It crucially questions what additional regulatory measures may be required in the EU legal landscape in addition to the rules provided by the GDPR.