The AI Act proposal: a new right to technical interpretability?
This is an incremental analysis of legal frameworks for AI interpretability, relevant to policymakers and legal scholars in the EU.
This work investigates whether the EU's AI Act proposal, alongside existing regulations, establishes a right to technical explainability in AI, and if not, whether such a right should be legislated.
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.