AI & Law: Ways That The GDPR Encompasses Stipulations For Explainable AI Or XAI

Lance Eliot
10 min readJun 17, 2022
The law and explainable AI (XAI) are getting cozy with each other

by Dr. Lance B. Eliot

For a free podcast of this article, visit this link or find our AI & Law podcast series on Spotify, iTunes, iHeartRadio, plus on other audio services. For the latest trends about AI & Law, visit our website

Abstract: A crucial aspect of today’s AI entails making sure that an explanatory function is included in the AI system whenever some form of decision-making is taking place. This is referred to as XAI. To guide lawmakers struggling with crafting legislation and regulations about AI, we can use the GDPR provisions about explainability as a handy source of legal language and inspiration.

Key briefing points about this article:

  • AI advancement is rapidly occurring and has generated intense interest all-told
  • We are finding ourselves at the whim of AI-based decision-making algorithms
  • It is reasonable to expect that the AI would explain its decisions (known as XAI)
  • Efforts to craft AI-related regulations and legislation should include such provisions
  • The GDPR provides legal language related to XAI and can be handily leveraged

Section 1: Introduction

A significant concern about the advent of AI throughout society is the potential lack of explainability underlying how the AI works and makes various algorithmic decisions. In short, many of today’s AI systems are opaque and contain seemingly inexplicable mathematical formulations, lacking a capacity to explain why a given decision was rendered.

We usually expect that we can get someone or something to explain why it is doing whatever it is doing.

Suppose you chat with a mortgage broker about seeking a new home loan. The broker asks you a series of questions about your financial situation, your job, and other facets of your personal circumstances. After collecting this altogether quite private information, the broker informs you that you do not qualify for a loan.

A decision has been made.



Lance Eliot

Dr. Lance B. Eliot is a renowned global expert on AI, successful startup founder, global CIO/CTO, , was a top exec at a major Venture Capital (VC) firm.