The right to an explanation under Article 86 of the AI Act: An effective individual right or a merely symbolic guarantee?

The right to an explanation under Article 86 of the AI Act: An effective individual right or a merely symbolic guarantee?

Article 86 of the AI Act is intended, under certain conditions, to enable persons affected by a decision based on the output of a high-risk AI system to obtain a clear and meaningful explanation of that decision. However, the provision remains vague and raises numerous questions regarding its practical application.

In their new article published in the journal ailex, our colleagues Madeleine Müller and Heidi Scheichenbauer engage with the current academic debate and further develop key arguments from the RI project “Aufklärung 4.0 – Understanding AI-Based Decisions from a Human Perspective.”

Among other things, they argue that:

▪️ the AI Act extends far beyond traditional product safety and market regulation;

▪️ Article 86 of the AI Act serves an important gap-filling function alongside the right of access under the GDPR;

▪️ clear and meaningful information about AI-based decisions can contribute to transparency, legal certainty and societal acceptance; and

▪️ a high level of fundamental rights protection and the practical effectiveness of the rights of affected persons must guide the future interpretation of the AI Act.

The article is a response to a critical assessment of the project and situates the right to an explanation at the intersection of academic theory and practical application.