Within the academic community, the EU General Data Protection Regulation (GDPR) has triggered a lively debate regarding whether data subjects have a ‘right to explanation’ of automated decisions made about them. At one end of the spectrum, we see scholars arguing that no such right exists under the GDPR but rather a ‘limited right to information’ only. Others argue that this position is based on a very narrow reading of the relevant provisions of the GDPR, and that a contextual interpretation shows that the GDPR does indeed provide for a right to explanation with respect to automated decisions. We wholeheartedly agree with the latter interpretation and set out why below. That being said, we think that all sides are missing the broader context.
|Place of Publication||https://www.scl.org|
|Media of output||Online|
|Publication status||Published - 27 Apr 2018|
Moerel, L. (Author), & Storm, M. (Author). (2018). Automated decisions based on profiling: Information, explanation or justification –that’s the question!. Web publication/site, SCL. https://www.scl.org/articles/10247-automated-decisions-based-on-profiling-information-explanation-or-justification-that-s-the-question