Meaningful Information and the Right to Explanation

International Data Privacy Law, vol. 7(4), 233-242 (2017)

20 Pages Posted: 30 Nov 2017 Last revised: 20 Dec 2017

Date Written: November 27, 2017

Abstract

There is no single, neat statutory provision labeled the “right to explanation” in Europe’s new General Data Protection Regulation (GDPR). But nor is such a right illusory.

Responding to two prominent papers that, in turn, conjure and critique the right to explanation in the context of automated decision-making, we advocate a return to the text of the GDPR.

Articles 13-15 provide rights to “meaningful information about the logic involved” in automated decisions. This is a right to explanation, whether one uses the phrase or not.

The right to explanation should be interpreted functionally, flexibly, and should, at a minimum, enable a data subject to exercise his or her rights under the GDPR and human rights law.

Keywords: GDPR, explanations, right to explanation, algorithms, machine learning, law and technology, law, EU law

Suggested Citation

Selbst, Andrew D. and Powles, Julia, Meaningful Information and the Right to Explanation (November 27, 2017). International Data Privacy Law, vol. 7(4), 233-242 (2017), Available at SSRN: https://ssrn.com/abstract=3039125

Julia Powles

UWA Law School ( email )

35 Stirling Highway
Crawley, Western Australia 6009
Australia

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