In the regulation of algorithms, particularly artificial intelligence and its subfield of machine learning, a right to explanation (or right to an explanation) is a right to be given an explanation for an output of the algorithm. Such rights primarily refer to individual rights to be given an explanation for decisions that significantly affect an individual, particularly legally or financially. For example, a person who applies for a loan and is denied may ask for an explanation, which could be "Credit bureau X reports that you declared bankruptcy last year; this is the main factor in considering you too likely to default, and thus we will not give you the loan you applied for."
Some such legal rights already exist, while the scope of a general "right to explanation" is a matter of ongoing debate. There have been arguments made that a "social right to explanation" is a crucial foundation for an information society, particularly as the institutions of that society will need to use digital technologies, artificial intelligence, machine learning. In other words, that the related automated decision making systems that use explainability would be more trustworthy and transparent. Without this right, which could be constituted both legally and through professional standards, the public will be left without much recourse to challenge the decisions of automated systems.
Under the Equal Credit Opportunity Act (Regulation B of the Code of Federal Regulations),
Title 12, Chapter X, Part 1002, §1002.9, creditors are required to notify applicants who are denied credit with specific reasons for the detail. As detailed in §1002.9(b)(2):
(2) Statement of specific reasons. The statement of reasons for adverse action required by paragraph (a)(2)(i) of this section must be specific and indicate the principal reason(s) for the adverse action. Statements that the adverse action was based on the creditor's internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditor's credit scoring system are insufficient.
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Automated decision-making (ADM) involves the use of data, machines and algorithms to make decisions in a range of contexts, including public administration, business, health, education, law, employment, transport, media and entertainment, with varying degrees of human oversight or intervention. ADM involves large-scale data from a range of sources, such as databases, text, social media, sensors, images or speech, that is processed using various technologies including computer software, algorithms, machine learning, natural language processing, artificial intelligence, augmented intelligence and robotics.
Regulation of algorithms, or algorithmic regulation, is the creation of laws, rules and public sector policies for promotion and regulation of algorithms, particularly in artificial intelligence and machine learning. For the subset of AI algorithms, the term regulation of artificial intelligence is used. The regulatory and policy landscape for artificial intelligence (AI) is an emerging issue in jurisdictions globally, including in the European Union. Regulation of AI is considered necessary to both encourage AI and manage associated risks, but challenging.