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#Tech, Media, Telecom

Explaining the Black Box: when law controls AI

  • February 3, 2020
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ISSUE PAPER | Explaining the Black Box: when law controls AI

The explainability of Artificial Intelligence algorithms, in particular Machine-Learning algorithms, has become a major concern for society. Policy-makers across the globe are starting to reply to such concern.

In Europe, a High-level Expert Group on AI has proposed seven requirements for a trustworthy AI, which are: human agency and oversight, technical robustness and safety, privacy and data governance, transparency, diversity/non-discrimination/fairness, societal and environmental wellbeing, and accountability.

On that basis, the Commission proposed six types of requirement for high risk AI applications in its White Paper on AI: ensuring quality of training data; keeping data and records of the programming of AI systems; information to be proactively provided to various stakeholders (transparency and explainability); ensuring robustness and accuracy;  having human oversight; and other specific requirements for certain particular AI applications, such as those used for purposes of remote biometric identification. Thus in both documents, transparency and explainability are considered key. This is why several new obligations, specific to automated systems (and thus, to AI), in particular in data protection rules and consumer protection rules, have been adopted in Europe to enhance the explainability of algorithmic decisions.

This CERRE Technology Issue Paper deals with various aspects of AI explainability obligations:

  • the different meanings of explainability, in particular by confronting the legal and the computer science meanings;
  • the European AI-specific obligations imposing explainability to operators of such systems;
  • the rationale of the above-mentioned rules;
  • obligations implemented by different Machine Learning techniques.

The paper also lists a series of issues for further discussion.

Author(s)
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Alexandre De Streel (2)
Alexandre de Streel
Academic Director
and University of Namur

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Alexandre de Streel is the Academic Director of the digital research programme at the Brussels think-tank Centre on Regulation in Europe (CERRE), professor of European law at the University of Namur and visiting professor at the College of Europe (Bruges) and SciencesPo Paris. He sits in the scientific committees of the Knight-Georgetown Institute (US), the European University Institute-Centre for a Digital Society (Italy) and the Mannheim Centre for Competition and Innovation (Germany).

His main research areas are regulation and competition policy in the digital economy (telecommunications, platforms and data) as well as the legal issues raised by the developments of artificial intelligence. He regularly advises the European Union and international organisations on digital regulation.

Previously, Alexandre held visiting positions at New York University Law School, the European University Institute in Florence, Panthéon-Assas (Singapore campus), Barcelona Graduate School of Economics and the University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union, and the European Commission. He has also been the chair of the expert group on the online platform economy, advising the European Commission.

Benoit Frenay
Benoît Frenay
Associated Professor
University of Namur

Benoît Frenay is Associate Professor at the Faculty of Computer Science of the University of Namur. His main research interests in machine learning include support vector machines, label noise, efficient learning, graphical models, classification, data clustering, probability density estimation and feature selection.

He completed a degree in computing science engineering (spec. in artificial intelligence) in 2007 at the Université catholique de Louvain (UCL). He then obtained a PhD degree in Machine Learning from UCL in 2013.

Benoît Frenay is Associate Professor at the Faculty of Computer Science of the University of Namur. His main research interests in machine learning include support vector machines, label noise, efficient learning, graphical models, classification, data clustering, probability density estimation and feature selection.

He completed a degree in computing science engineering (spec. in artificial intelligence) in 2007 at the Université catholique de Louvain (UCL). He then obtained a PhD degree in Machine Learning from UCL in 2013.

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