Abstract

The article analyzes whether the obligations arising from the GDPR are sufficient to ensure adequate transparency of AI systems and to counteract certain threats to fundamental rights associated with the use of AI systems.The article discusses the provisions concerning fully automated decisions, profiling and the related information duties. In addition, the interpretative doubts are presented as to whether the GDPR provides for the right to obtain an explanation of the reasons of a specific fully automated decision.Information duties concerning fully automated decisions can provide sufficient transparency of AI systems on a general level. However, it does not appear that the GDPR provides for a right to obtain explanations as to the reasons for a specific automated decision. Meanwhile, such a right appears necessary in relation to decisions made by AI systems to ensure the right to privacy, information autonomy and to prevent discrimination.The article also highlights a relatively narrow scope of application of the GDPR provisions on automated decisions, and thus – a smaller scope of duties in relation to AI systems that are not used completely autonomously or that make decisions in matters considered to be less significant. Therefore, it seems that the general information duties under the GDPR are insufficient in this case.