Abstract
The European Union's AI Act introduces a right of explanation for decisions made by high-risk AI systems. Similar rights appear in legal instruments such as the General Data Protection Regulation (GDPR), each invoking explanation as a means of promoting transparency and accountability in automated decision-making. This paper argues that such rights offer a reassuring but ultimately misleading response to a deep epistemological mismatch between legal and machine reasoning. Legal explanations presuppose causal intelligibility and normative justification - features that most modern machine learning systems cannot meaningfully provide. Drawing on recent developments such as the Dun & Bradstreet ruling of the Court of Justice of the European Union, which clarified the contours of explanation rights under the GDPR, we demonstrate how technical explanation methods such as counterfactuals and contrastive reasoning fail to bridge the gap between statistical inference and normative legitimacy. This paper proposes a normative four-part framework - the 'legitimacy bridge' - to assess the legal adequacy of explanations, arguing that transparency must be linked to justification. While explanations may assist in system auditing, they are insufficient as a legal foundation for algorithmic accountability.
| Original language | English |
|---|---|
| Title of host publication | 2025 International Joint Conference on Neural Networks (IJCNN) |
| Publisher | Institute of Electrical and Electronics Engineers Inc. |
| Pages | 1-8 |
| Number of pages | 8 |
| ISBN (Electronic) | 9798331510428 |
| ISBN (Print) | 9798331510435 |
| DOIs | |
| Publication status | Published - 2025 |
| Event | 2025 International Joint Conference on Neural Networks, IJCNN 2025 - Rome, Italy Duration: 30 Jun 2025 → 5 Jul 2025 |
Publication series
| Name | Proceedings of the International Joint Conference on Neural Networks |
|---|---|
| ISSN (Print) | 2161-4393 |
| ISSN (Electronic) | 2161-4407 |
Conference
| Conference | 2025 International Joint Conference on Neural Networks, IJCNN 2025 |
|---|---|
| Country/Territory | Italy |
| City | Rome |
| Period | 30/06/25 → 5/07/25 |
Bibliographical note
Publisher Copyright:© 2025 IEEE.
Keywords
- AI Act
- algorithmic accountability
- automated decision making
- counterfactual explanation
- explainable ai
- GDPR
Fingerprint
Dive into the research topics of 'An Uninterpretable Right: Legal and Practical Limits of the Right to an Explanation'. Together they form a unique fingerprint.Cite this
- APA
- Author
- BIBTEX
- Harvard
- Standard
- RIS
- Vancouver