Certain sections of the GDPR, according to new research, could lead to a “right to explanation” on algorithmic decision-making, Fusion reports. Oxford researchers Bryce Goodman and Seth Flaxman wrote in a paper stating portions of the GDPR could mandate how algorithms sort out information on individuals. The sections ban decisions “based solely on automated processing, including profiling, which produces an adverse legal effect concerning the data subject or significantly affects him or her,” meaning algorithms aren’t permitted to make negative decisions on their own. University of Washington law professor Ryan Calo, however, believes the use of the word “solely” does create a loophole. “All a firm needs to do is introduce a human —any human, however poorly trained or informed — somewhere in the system,” Calo said, adding, "Voila, the firm is no longer basing their decision ‘solely on automated processing.’”
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