The AI Act Proposal: a New Right to Technical Interpretability?
10 Pages Posted: 13 Apr 2023
Date Written: February 20, 2023
The debate about the concept of the so called right to explanation in AI is the subject of a wealth of literature. It has focused, in the legal scholarship, on art. 22 GDPR and, in the technical scholarship, on techniques that help explain the output of a certain model (XAI). The purpose of this work is to investigate if the new provisions introduced by the proposal for a Regulation laying down harmonised rules on artificial intelligence (AI Act), in combination with Convention 108 plus and GDPR, are enough to indicate the existence of a right to technical explainability in the EU legal framework and, if not, whether the EU should include it in its current legislation. This is a preliminary work submitted to the online event organised by the Information Society Law Center and it will be later developed into a full paper.
Keywords: interpretability, explainability, XAI, AI Act, AI Law, trustworthy AI
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