Do we offer users and accessible way to contest AI decisions or seek redress?
Do we offer users and accessible way to contest AI decisions or seek redress?
- For applications that can adversely affect individuals, you might need to consider implementing a redress by design mechanism where affected individuals can request remedy or compensation.
- Article 22(3) GDPR provides individuals with a right to obtain human intervention if a decision is made solely by an AI system and it also provides the right to contest the decision.
- When AI systems adversely affect individuals, ethical and legal principles require that users can seek remedy for harm. This includes the right to compensation, correction of wrong decisions, or even halting further use of the system in certain cases. The EU Charter (Article 47), GDPR Article 22(3), and emerging AI regulations affirm these rights. Failing to provide effective redress mechanisms risks infringing fundamental rights and eroding public trust—especially in sensitive domains like healthcare, credit, or law enforcement.
If you answered Yes then you are at risk
If you are not sure, then you might be at risk too
Recommendations
Design redress mechanisms that allow affected individuals to report harm, request compensation, or demand system correction. This includes enabling redress even for those indirectly harmed (e.g., via biased profiling). Ensure accessibility and transparency of the redress process, define timelines and escalation paths, and document how redress outcomes are used to improve system performance.
Interesting resources/references
- Right to be treated fairly by a court (Universal Declaration of Human Rights), article 11 Freedom of expression and information, article 47 Right to an effective remedy and to a fair trial (Charter of fundamental rights of the European Union).
- Ethics guidelines for trustworthy AI
- Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments
- Artificial Intelligence and Fundamental Rights
- Charter of Fundamental Rights of the European Union