The Right to Explanation in AI: In a Lonely Place

Area of Science:

• Health Informatics
• Medical Law
• Artificial Intelligence in Healthcare

Background:

• Increasing integration of technology, specifically artificial intelligence (AI), in healthcare decision-making.
• Growing concerns regarding transparency and accountability in automated medical decision-making processes.
• Emergence of the 'right to explanation' as a legislative response to public apprehension about AI.

Purpose of the Study:

• To explore the practical implications of Quebec's Law 5 concerning the right to explanation in healthcare.
• To analyze the international impact of the right to explanation on automated healthcare decisions.
• To evaluate the effectiveness of the right to explanation in addressing AI-related fears in medicine.

Main Methods:

• Analysis of legislative provisions, specifically Quebec's Law 5.
• Examination of the 'right to explanation' in the context of healthcare.
• Discussion of the impact on physicians' duty to inform patients.

Main Results:

• The right to explanation is expected to modify physicians' obligations, particularly the duty to inform.
• Current legislative drafting of the right to explanation is vague and presents enforcement challenges.
• The ambiguity of the legislation may limit its effectiveness in providing meaningful patient protections.

Conclusions:

• The right to explanation, while intended to foster trust, faces significant practical hurdles in healthcare.
• Vague legislation dilutes the protective potential of the right to explanation for individuals affected by AI.
• Innovative technologies like AI necessitate equally complex and effective policy solutions beyond the current right to explanation.