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Article 68c

A Right to Explanation of Individual Decision-Making

Updated on Feb 6th 2024 based on the version endorsed by the Coreper I on Feb 2nd

1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from an high-risk AI system listed in Annex III, with the exception of systems listed under point 2, and which produces legal effects or similarly significantly affects him or her in a way that they consider to adversely impact their health, safety and fundamental rights shall have the right to request from the deployer clear and meaningful explanations on the role of the AI system in the decision-making procedure and the main elements of the decision taken.

2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under paragraph 1 follow from Union or national law in compliance with Union law.

3. This Article shall only apply to the extent that the right referred to in paragraph 1 is not already provided for under Union legislation.

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