What is a right to explanation and does it exist for ai decisions

What a Right to Explanation Actually Refers To

A right to explanation refers to a legal principle holding that individuals affected by an automated decision are entitled to understand the basis for that decision, a concept rooted in the broader idea that people shouldn’t be subject to consequential decisions from an entirely opaque process they have no meaningful way to understand or challenge.

Where This Concept Appears in Existing Regulation

This concept is referenced in some existing regulations, most notably certain provisions within the European Union’s General Data Protection Regulation, which include language addressing automated decision-making and some associated transparency expectations for individuals affected by these kinds of decisions.

Why the Actual Practical Scope Remains Genuinely Debated

Despite this regulatory reference, the actual practical scope and enforceability of this right remain genuinely debated among legal scholars, since the specific language in existing regulations doesn’t always clearly specify exactly how detailed an explanation must be, or precisely which categories of automated decisions this right actually covers.

Why This Isn’t Uniformly Established as an Unambiguous Legal Right Everywhere

This right isn’t uniformly established as an unambiguous, fully enforceable legal right across every jurisdiction, meaning its practical availability and strength varies considerably depending on where someone is located and which specific regulatory framework, if any, actually applies to the particular automated decision affecting them.

What This Generally Means for Individuals Affected by an AI Decision

Given this genuine legal ambiguity, an individual affected by a consequential automated decision may have some legal basis to seek an explanation depending on their specific jurisdiction and the type of decision involved, though this generally means seeking meaningful general information about a decision’s basis rather than a complete technical breakdown of a model’s internal workings.

Bottom Line

A right to explanation holds that individuals affected by an automated decision are entitled to understand its basis, a concept referenced in regulations like the EU’s GDPR, though its actual practical scope and enforceability remain genuinely debated and aren’t uniformly established as an unambiguous legal right across every jurisdiction.

Go deeper

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