The Explanation Gap Between GDPR Article 22 and AI Act Article 86

GDPR Articles 13, 14, 15, and 22, together with AI Act Article 86, give affected people different routes to understand and contest automated or AI-assisted decisions — but they cover different decisions, and the gap between them is where a deployer’s real obligation lives.

No consequential automated decision in Europe answers to a single regime, and the clearest illustration is what an affected person can demand in order to understand and contest one — a cluster of duties that now sits across two regimes, in two different shapes. For any deployer running a system that decides something consequential about a person, knowing where these rights overlap and where they diverge is operational, not academic: it determines what you must actually be able to tell someone who asks why a machine said no.

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