What EU AI Act - Right to Explanation for Decisions Made with High-Risk AI Assistance (Article 86) requires
EU AI Act (Regulation 2024/1689) Article 86 establishes a right to explanation for individuals significantly affected by decisions made on the basis of high-risk AI system outputs where those decisions produce legal effects or similarly significantly affect the person; Article 86(1) - any natural person subject to a decision taken by the deployer that is based to a significant extent on the output of a high-risk AI system listed in Annex III 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; Article 86(2) - the right to explanation does not apply where: (a) the high-risk AI system is subject to Union law providing for the right to explanation in a manner already satisfying the explanation requirement (including GDPR Article 22 right to explanation for automated decisions); (b) the use of the AI system is authorised by Union or Member State law for reasons of overriding public interest including crime prevention; (c) the explanation would reveal information that is confidential, in particular trade secrets; the right to explanation under Article 86 supplements GDPR Article 22 - it applies to AI-assisted decisions by human decision-makers (not only fully automated decisions); this distinguishes Article 86 from GDPR Article 22 which is limited to solely automated individual decisions; Article 86 applies to all Annex III high-risk AI categories - employment decisions (Annex III Point 4), essential service access (Point 5), law enforcement (Point 6), and others; deployers must establish a procedure for handling Article 86 explanation requests including: who receives requests; what information is provided; the timeline for response; applicable from 2 August 2026 per Article 113(3).
Pillar: AI Governance & Law · Authority: European Parliament and Council of the EU · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: ecb7b642c74aeb2adf0a89c9e3412eca1389bf9c0eb9d8a17e049765a5218ba1
Primary Citations — 5 traced to source
- Regulation (EU) 2024/1689 - EU AI Act: Article 86 - Right to Explanation of Individual Decision-Making
- Regulation (EU) 2016/679 - GDPR: Article 22 - Automated Individual Decision-Making Including Profiling
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