The right to obtain an explanation of the decision-making procedure in an individual case under Article 86 (1) of the Artificial Intelligence Act – selected problems

Abstract

The purpose of this paper is to analyse and evaluate the regulation of the right to obtain an explanation of the decision-making procedure in an individual case contained in Article 86 (1) of the Artificial Intelligence Act (AIA). At the outset of the study, Article 22 (1) of the GDPR is also analysed in order to then establish what the interplay between the two provisions is. This will also make it possible to identify the potential risks associated with the exercise of the right established in Article 86 (1) of the AIA. The analysis carried out has allowed for the formulation of final conclusions, which show, inter alia, that the subjective and objective scope of Article 86 (1) of the AIA is broader than Article 22 (1) of the GDPR, the consequences of individual decisions justifying the use of Article 86 (1) of the AIA are so broad that in practice they can apply to almost every partial or complete ADM issued using a high-risk AI system. The paper uses a law-comparative method.

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