Right to explanation
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.
Examples
Credit score in the United States
Credit score in the United States – more generally, credit actions – have a well-established right to explanation. 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 of action taken in certain circumstances, and such notifications must provide specific reasons, as detailed in §1002.9(b)(2):[1]
(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.
The official interpretation of this section details what types of statements are acceptable.
Credit agencies and data analysis firms such as FICO comply with this regulation by providing a list of reasons (generally at most 4, per interpretation of regulations), consisting of a numeric reason code (as identifier) and an associated explanation, identifying the main factors affecting a credit score.[2] An example might be:[3]
- 32: Balances on bankcard or revolving accounts too high compared to credit limits
European Union
The European Union General Data Protection Regulation (enacted 2016, taking effect 2018), provides a form of a general right to explanation, state as such in Recital 71: "[the data subject should have] the right ... to obtain an explanation of the decision reached". In full:
The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of an online credit application or e-recruiting practices without any human intervention.
...
In any case, such processing should be subject to suitable safeguards, which should include specific information to the data subject and the right to obtain human intervention, to express his or her point of view, to obtain an explanation of the decision reached after such assessment and to challenge the decision.
However, the extent to which the regulations themselves provide a "right to explanation" is debated.[4][5]
References
- ^ Consumer Financial Protection Bureau, §1002.9(b)(2)
- ^ US FICO credit risk score reason codes: Fundamental document from FICO listing all of the FICO credit score reasons that a score is not higher, March 31, 2010, by Greg Fisher
- ^ Reason Codes 101
- ^ A bot will complete this citation soon. Click here to jump the queue arXiv:[1].
- ^ Is there a 'right to explanation' for machine learning in the GDPR?, Jun 1, 2017, Andrew Burt
External links
- Artificial Intelligence Owes You an Explanation, by John Frank Weaver, Slate, May 8, 2017