CHAPTER IX

Article 86: Right to explanation of individual decision-making

Plain English Summary

What this article does: Grants individuals affected by AI decisions the right to receive an explanation. Who it applies to: Deployers of high-risk AI systems and affected persons. Key requirements: Para 1: Any affected person subject to a decision taken by a deployer based upon the output of a high-risk AI system listed in Annex III (excluding critical infrastructure systems) has 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. Para 2: This article does not apply to the use of AI systems for which exceptions from or restrictions to the transparency obligation apply under EU or national law. Para 3: This right is without prejudice to other rights under EU and national law, including the right to an effective remedy and to a fair trial.

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.

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