Déjà vu? An Analysis of Explanations Concerning Decision-Making Under the GDPR and the AI Act

The article provides a comprehensive analysis of decision-making under Article 22 GDPR and Article 86 AIA, including their interplay. It outlines both provisions' scope, rationale, and requirements, offering a comparative analysis of their similarities and differences regarding the explanations they mandate. The GDPR focuses on providing ‘meaningful information about the logic involved’ in automated decision-making. Article 86 AIA demands ‘clear and meaningful explanations’ of the AI system's role in the decision-making procedure and the main elements of the decision taken. The article concludes that despite the apparent similarities with Article 22 GDPR, Article 86 AIA provides complementary protection for individuals against the risks of data-driven decision-making.
Keywords: right to explanation; decision-making; EU AI Act; GDPR