Article 86 Right to explanation of individual decision-making

This article establishes a right of explanation for individuals who are adversely affected by decisions made by deployers using high-risk AI systems listed in Annex III.

Where such a decision produces legal effects or significantly impacts a person's health, safety, or fundamental rights, that person can demand from the deployer a clear and meaningful explanation of how the AI system contributed to the decision and what the main elements of that decision were.

The article is carefully scoped: it excludes AI systems under point 2 of Annex III, defers to any existing exceptions under Union or national law, and only applies where an equivalent right is not already provided elsewhere in Union law.

Important points:

• Deployers of high-risk AI systems listed in Annex III must provide clear and meaningful explanations to affected persons upon request, covering the role of the AI in the decision and its main elements.
• This right is triggered only when the decision produces legal effects or similarly significantly affects the person's health, safety, or fundamental rights.
• The obligation does not apply where exceptions exist under Union or national law, or where an equivalent right is already provided for under Union law.