Articles 85-86: When People Can Ask You to Explain an AI Decision

The Right to Explanation

When AI makes or significantly influences decisions that affect people, those people have a right to understand why. The EU AI Act reinforces this principle, building on similar rights in GDPR. If someone is denied a job, a loan, or a service based on an AI system's assessment, they can ask for an explanation of how that decision was made.

This right is particularly relevant for high-risk AI systems — those used in areas like employment, credit, education, and essential services. If you use AI in any of these areas, you need to be prepared to explain AI-driven decisions in clear, understandable terms.

What You Need to Explain

An adequate explanation should cover what role AI played in the decision, what factors the AI system considered, how the AI system reached its conclusion, and what the affected person can do if they disagree. You don't need to reveal proprietary algorithms or technical details. The explanation should be accessible to a non-technical person.

The level of detail should be proportionate to the significance of the decision. A decision about whether to show someone a particular ad doesn't require the same depth of explanation as a decision about their loan application.

Preparing Your Business

If you use AI for decisions that affect people, build explainability into your processes from the start. Work with your AI vendor to understand how the system makes decisions. Create template explanations for common decision types. Train staff who interact with affected individuals to provide clear explanations. Document your explanation process and keep records of explanations provided.

It helps to think about explainability before you deploy an AI system. Some AI systems are inherently more explainable than others. If you can't understand or explain how an AI system reaches its conclusions, that's a serious concern — especially for high-stakes decisions.

Handling Explanation Requests

When someone asks for an explanation, respond promptly and in clear language. Avoid technical jargon. Be transparent about the AI's role and limitations. If the person disagrees with the decision, make sure there's a meaningful process for human review. The right to explanation is closely linked to the right to contest AI decisions — people aren't just asking out of curiosity, they may be seeking to challenge a decision that affects their lives.

This article is for informational purposes only and does not constitute legal advice. Regulatory requirements change frequently — verify current rules with official sources. Built by Sawai Gyoseishoshi Office, Hiroshima, Japan.