THE (IN) EXISTENCE OF A RIGHT TO EXPLANATION OF AUTO-MATED DECISIONS

THE (NON) EXISTENCE OF A RIGHT TO EXPLANATIONOF AUTOMATED DECISIONS

Abstract

In response to Artificial Intelligence automated decision-making systems, this paper primarily aims to address the existence and viability of the right to explanation, taking into account the provisions of the General Data Protection Law of Brazil (Law No. 13,709/2018) and the General Data Protection Regulation of the European Union, without excluding dialogue with the European bloc's AI Act and Bill nº 2338/23, which is being processed by the Brazilian Federal Senate.The specific objective is to conduct a qualitative study of the right to explanation regarding automated decisions from the perspective of the General Data Protection Regulation of the European Union and the General Data Protection Law of Brazil. To this end, the analytical method will be adopted with a procedure of analysis of documentary and bibliographic content that allows the comparison, to the extent possible, between both regulations. It is clear, however, that the implementation of a right to a posteriori explanation is still restricted and limited. Another objective is to analytically address the conceptual delimitation of explanations of automated decisions and the limits of their content, taking into account the extent of which information can be transmitted to the data subject. In the end, a scenario of (non)existence of the right to explanation is observed. Mainly because the wording of the Artificial Intelligence regulation imposes the request and provision of explanations as an individual right of people affected by AI, while data protection legislation does not expressly enshrine this right for the data subject.