On Thursday 9 July 2026, from 12:30h to 13:30h CET, Dr. Pablo Contreras (Professor of Law and Director of the Legal Tech UCEN Chair at Central University of Chile) will present his work in progress, entitled ‘Convergence, contestation or different paths? The Right to an Explanation Regarding Automated Decision-Making in Latin America', followed by an open discussion.
Abstract:
This work in progress examines the emergence and development of the right to an explanation in the context of automated decision-making systems (ADS) across Latin America. Understood as the right of an affected individual to comprehend the logic, criteria, and consequences of an algorithmically produced decision, the right to an explanation has become one of the central concerns of contemporary debates on artificial intelligence (AI) governance, personal data protection, and fundamental rights in an age of automated power. Its legal recognition in the region, however, remains recent, fragmented, and of uncertain scope.
Brazil, Chile, Ecuador, and Paraguay form the study's comparative frame. All four sit at the forefront of the latest wave of technology regulation in the region: each has reformed its personal data legislation and is simultaneously debating or adopting artificial intelligence frameworks, making them productive sites for observing how a common regulatory model diffuses across distinct legal contexts.
Drawing on a comparative law methodology, the study evaluates each jurisdiction against four criteria: first, whether a right to an explanation concerning ADS is recognised; second, whether a general prohibition on profiling or the use of such systems exists; third, what degree of automation is required to trigger the right or engage the prohibition, specifically, whether the decision must be based "solely" on automated processing or whether partially automated processes also fall within scope; and fourth, whether the right to an explanation forms part of a broader bundle of rights relating to ADS.
The research's preliminary thesis is that this new wave of personal data protection regulation exhibits partial convergence with the European model. While it draws on Article 22 of the GDPR as a reference point, it also departs from it in meaningful ways, notably by clarifying the content of the right to an explanation and by addressing the ambiguities surrounding the requisite degree of automation.
The seminar will be held in a hybrid format. You are welcome to join us in person at RC C4.09, or online via the MS Teams.
For registration, send an email to ptrigokr@vub.be.