{"slug":"eu-ai-act-art-86-right-to-explanation","id":"AIPT-OBL-0047","permanent_url":"https://aipolicytracker.org/id/AIPT-OBL-0047","title":"Deployers must explain individual decisions taken with high-risk AI on request","short_title":"Right to explanation","category":"transparency","summary":"A person affected by a decision that a deployer took on the basis of the output of an Annex III high-risk AI system, other than critical-infrastructure systems, which produces legal effects or similarly significantly affects them in a way they consider adverse to their health, safety or fundamental rights, has the right to obtain from the deployer clear and meaningful explanations of the role the system played in the decision and the main elements of the decision. The right does not apply where Union or national law provides an exception.\n","practical_action":"Set up a request channel and an explanation template that names the system's role, the key inputs and the human decision points for each affected process.\n","is_binding":true,"applies_from":"2027-12-02","section":null,"source_reference":"Article 86","official_source_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","review_status":"verified","confidence_level":"high","last_verified_at":"2026-09-26","reviewed_by":null,"actors":["deployer","public_authority"],"sectors":["cross_sector","employment","financial_services","education","public_services"],"use_cases":["hiring_and_hr","finance_and_credit","education","public_services"],"applicability":[{"description":"Deployers using Annex III high-risk systems for decisions with legal or similarly significant effects on individuals; overlaps with GDPR Article 22 rights.","actors":["deployer","public_authority"],"conditions":null}],"evidence_examples":[{"title":"Explanation request procedure and template","description":null,"artifact_type":"document"},{"title":"Register of explanation requests and responses","description":null,"artifact_type":"register"}],"framework_mappings":[{"framework":"iso_42001","framework_name":"ISO/IEC 42001:2023","reference":"Annex A.8.5, A.9.2","note":"Information for interested parties and responsible-use processes.","confidence_level":"medium","is_original":true},{"framework":"nist_ai_rmf","framework_name":"NIST AI RMF 1.0","reference":"GOVERN 5.1, MANAGE 4.1","note":"Recourse and communication for affected individuals.","confidence_level":"medium","is_original":true}],"controls":[{"slug":"decision-explanation-and-appeal-route","title":"Decision explanation, human review and appeal route","kind":"process","relationship":"satisfies","note":"Request channel and explanation of the system's role and main decision elements.","confidence_level":"high","url":"https://aipolicytracker.org/controls/decision-explanation-and-appeal-route"},{"slug":"record-keeping-and-logging","title":"Automatic event logging and record retention","kind":"technical","relationship":"supports","note":"Logs supply the inputs cited in the explanation.","confidence_level":"medium","url":"https://aipolicytracker.org/controls/record-keeping-and-logging"}],"url":"https://aipolicytracker.org/obligations/eu-ai-act-art-86-right-to-explanation","policy":{"slug":"eu-ai-act","title":"Regulation (EU) 2024/1689 — Artificial Intelligence Act","status":"partially_applicable","jurisdiction":"eu","url":"https://aipolicytracker.org/policies/eu-ai-act"}}