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Article 86

Right to explanation of individual decision-making

1.   Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken.

2.   Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law.

3.   This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.

Frequently Asked Questions

The right to explanation under the AI Act means when a decision significantly impacts your will-being, safety, or basic rights, and it’s made using a high-risk AI system, you are entitled to receive clear details about how the artificial intelligence influenced the decision and the main points considered during the decision-making process.
Yes, the right to explanation does not apply if specific national or European Union laws explicitly provide exceptions or restrictions on this right, meaning in certain clearly defined cases, someone may be denied this explanation if other existing rules or laws justify such exceptions under EU legislation.
No, this right applies only to decisions based on certain high-risk AI listed in a specific section of the AI Act (Annex III), excluding some types of systems listed in the annex, and only when the decision significantly impacts an individual’s legal rights, health, safety, or fundamental freedoms.
The deployer—the organization or individual who uses the AI system—is responsible for providing a clear explanation to the person impacted, detailing the role that the AI technology played in the decision-making and the primary factors considered in arriving at the decision.

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