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Contestability

Also known as: right to contest

The ability of a person affected by an AI-assisted decision to challenge it and have it reconsidered by someone with the authority to change it. It is one of the safeguards UK data protection law now attaches to significant automated decisions.

  • redress
  • right to contest
  • Article 22C
  • automated decisions
  • appeals

What it requires

Three things: knowing that a decision was made and on what basis, a route to challenge it that is easy to use, and reconsideration by a person who can change the outcome and actually looks at the case. A complaints process that cannot reverse the system's decision, or reviews only whether procedure was followed, is not contestability.

Where the law requires it

Under UK GDPR Article 22C, significant decisions taken without meaningful human involvement must come with the right to make representations, to obtain human intervention and to contest the decision; see automated decision-making. The EU AI Act's Article 86 gives affected people a right to an explanation of certain high-risk decisions, which is what makes a challenge possible.

What good looks like

Tell people how to challenge at the point of decision, give reviewers the case evidence and the authority to overturn, track challenge outcomes as a signal of model error, and feed overturned decisions back into testing. The register entry is inadequate explainability for affected individuals; the control is automated decision-making safeguards.

Sources

Related Terms

Related risks and controls

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