EU Right to Explanation vs. XAI: A Systematic Review of the Law-Technology Gap
A recent systematic literature review investigates the convergence of Explainable AI (XAI) and the European Union's Right to Explanation, particularly regarding the legal responsibilities outlined in Art. 15(1)(h) of the GDPR and Art. 86 of the AI Act. Published on arXiv (2608.02699), the review reveals a notable disparity between legal standards and technological capabilities. Out of an initial 2,643 records, the authors analyzed 57 full texts, discovering that merely 19 papers effectively integrate both legal and technical viewpoints. Although EU legislation allows individuals to challenge automated decisions impacting their lives, the practical application of XAI to uphold this right is still not well understood. The final AI Act version was released in July 2024, with Art. 86 added later, leading the review to include papers from 2024 onward. The results emphasize the necessity for interdisciplinary efforts to close the law-XAI translation gap, enabling individuals to assert their rights against algorithmic decision-making.
Key facts
- The review focuses on the EU Right to Explanation under Art. 15(1)(h) GDPR and Art. 86 AI Act.
- 2643 initial records were identified, with 57 full texts reviewed.
- Only 19 papers showed substantive integration of legal and technical perspectives.
- The final AI Act was published in July 2024, with Art. 86 added late.
- The review considers papers published from 2024 onwards.
- The study highlights gaps in interdisciplinary synergy between law and XAI.
- The paper is available on arXiv under ID 2608.02699.
Entities
Institutions
- European Union
- arXiv