Summary of Article 86
- Deployers’ Obligation to Provide Explanations: Deployers must provide affected individuals with clear and meaningful explanations of the role and main elements of high-risk AI systems in decision-making when such decisions significantly impact their health, safety, or fundamental rights.
- Legal Exceptions to Explanations: Exceptions or restrictions to the deployer’s obligation to provide explanations may apply if supported by Union or national law, provided the right is not already established under existing Union law.
Deployers’ Obligation to Provide Explanations
1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken.
Legal Exceptions to Explanations
2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law.
3. This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.
