The Dilemmas in Exercising the Right to Explanation of Automated Decision-Making Algorithms and Their Resolution Paths

Abstract

With the widespread application of artificial intelligence technology, automated decision-making algorithms play a crucial role in fields such as justice, administration, and commerce. However, the "black box" nature of algorithms has given rise to numerous issues, leading to the emergence of the right to algorithm explanation. Nevertheless, this right encounters dilemmas during its exercise, including the complexity of algorithm technology, insufficient expertise among explaining entities, and difficulties in understanding for the counterparties. This paper delves into these dilemmas and proposes resolution paths from multiple dimensions such as technology, law, and institutions, including optimizing algorithm technology, clarifying the responsibilities of explaining entities, improving legal systems, and constructing a multi-stakeholder governance mechanism. The aim is to ensure the effective exercise of the right to algorithm explanation and safeguard fairness, justice, and social order.