The Legal Basis of the Right to Explanation for Artificial Intelligence Decisions in UAE Law

Abstract

Artificial intelligence (AI) systems have a major role in making decisions affecting humans in the present era, however, they still suffer from several shortcomings, the most important of which is the inability of the human element to understand the mechanism of action of these systems and the foundations upon the decision basis. Ambiguity also makes it impossible to assign responsibility and control potential AI biases. Thus, international and national standards were set to counteract the negative consequences, among the most important international standards are the recommendations set by UNESCO for the ethics of artificial intelligence. While on the United Arab Emirates Level, this study addresses the basis of this explanation right in its Constitution, in the Civil Procedures Law and Smart Dubai Department Law No. (1) of 2020, which was enacted in order to enhance the status of the Emirate of Dubai and support its efforts towards transformation into smart cities. The authors relied on an analytical and descriptive approach to the various legislative provisions related to the right to explain. The study concluded that there is no explicit legal provision at the UAE level that establishes the right of people to have AI decisions explained. However, this right has been recognized at the international level in the nonbinding UNESCO guidelines. The study reached a recommendation that lawmakers at the international and national levels should pay more attention to the right to explanation of AI decisions, and they should recognize this right with explicit and binding legal texts.