  The debate about the concept of the so called right to explanation in AI is
the subject of a wealth of literature. It has focused, in the legal
scholarship, on art. 22 GDPR and, in the technical scholarship, on techniques
that help explain the output of a certain model (XAI). The purpose of this work
is to investigate if the new provisions introduced by the proposal for a
Regulation laying down harmonised rules on artificial intelligence (AI Act), in
combination with Convention 108 plus and GDPR, are enough to indicate the
existence of a right to technical explainability in the EU legal framework and,
if not, whether the EU should include it in its current legislation. This is a
preliminary work submitted to the online event organised by the Information
Society Law Center and it will be later developed into a full paper.
