Skip to main navigation Skip to search Skip to main content

An Uninterpretable Right: Legal and Practical Limits of the Right to an Explanation

Research output: Chapter in Book / Report / Conference proceedingConference contributionAcademicpeer-review

5 Downloads (Pure)

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 languageEnglish
Title of host publication2025 International Joint Conference on Neural Networks (IJCNN)
PublisherInstitute of Electrical and Electronics Engineers Inc.
Pages1-8
Number of pages8
ISBN (Electronic)9798331510428
ISBN (Print)9798331510435
DOIs
Publication statusPublished - 2025
Event2025 International Joint Conference on Neural Networks, IJCNN 2025 - Rome, Italy
Duration: 30 Jun 20255 Jul 2025

Publication series

NameProceedings of the International Joint Conference on Neural Networks
ISSN (Print)2161-4393
ISSN (Electronic)2161-4407

Conference

Conference2025 International Joint Conference on Neural Networks, IJCNN 2025
Country/TerritoryItaly
CityRome
Period30/06/255/07/25

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