THE RIGHT TO EXPLANATION IN THE PROCESSING OF PERSONAL DATA WITH THE USE OF AI SYSTEMS

Abstract

Transparency is one of the basic principles enshrined in the General Data Protection Regulation (GDRP). Achieving transparency in automated decision-making processing especially when artificial intelligence (AI) is involved is a challenging task on many aspects. The opaqueness of AI systems that usually is referred as the “black-box” phenomenon is the main problem in having explainable and accountable AI. Computer scientists are working on explainable AI (XAI) technics in order to make AI more trustworthy. On the same vein, thus from a different perspective, the European legislator provides in the GDPR with aright to information when automated decision-making processing takes place. The data subject has the right to be informed on the logic involved and to challenge the automated decision-making. GDPR introduces, therefore, sui generisright to explanation in automated decision-making process. Under this light, the paper analyzes the legal basis of this right and the technical barriers involved.