The Right to Explanation, Explained

26 Pages Posted: 19 Jun 2018 Last revised: 3 Oct 2018

See all articles by Margot E. Kaminski

Margot E. Kaminski

University of Colorado Law School; Yale University - Yale Information Society Project; Yale University - Law School; University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship

Date Written: June 15, 2018

Abstract

Many have called for algorithmic accountability: laws governing decision-making by complex algorithms, or AI. The EU’s General Data Protection Regulation (GDPR) now establishes exactly this. The recent debate over the right to explanation (a right to information about individual decisions made by algorithms) has obscured the significant algorithmic accountability regime established by the GDPR. The GDPR’s provisions on algorithmic accountability, which include a right to explanation, have the potential to be broader, stronger, and deeper than the preceding requirements of the Data Protection Directive. This Essay clarifies, largely for a U.S. audience, what the GDPR actually requires, incorporating recently released authoritative guidelines.

Keywords: Algorithmic Decision-Making, Algorithmic Accountability, GDPR, Privacy, Machine Learning, AI

Suggested Citation

Kaminski, Margot E., The Right to Explanation, Explained (June 15, 2018). U of Colorado Law Legal Studies Research Paper No. 18-24; Berkeley Technology Law Journal, Vol. 34, No. 1, 2019. Available at SSRN: https://ssrn.com/abstract=3196985 or http://dx.doi.org/10.2139/ssrn.3196985

Margot E. Kaminski (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

University of Colorado at Boulder - Silicon Flatirons Center for Law, Technology, and Entrepreneurship ( email )

Wolf Law Building
2450 Kittredge Loop Road
Boulder, CO
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
980
rank
20,801
Abstract Views
5,932
PlumX Metrics