Algorithmic decision-making employing profiling: will trade secrecy protection render the right to explanation toothless?

Abstract Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What the chances “right to explanation” be realized soon? After an exploration of regulatory efforts that currently pushing right it is concluded that, at moment, GDPR stands out as main force reckoned with. In cases profiling, data subjects granted receive meaningful information about functionality system in use; fully automated even explanation has given. However, trade secrets and intellectual property rights (IPRs) involved must respected well. These conflicting balanced against each other; what will outcome? Looking back 1995, when similar kind balancing had been decreed Europe concerning access (DPD), Wachter et al. (2017) find according judicial opinion only generalities algorithm disclosed, not specific details. This hardly augurs well future let alone explanation. Thereupon landscape IPRs machine learning (ML) analysed. Spurred by new USPTO guidelines clarify inventions eligible patented, number patent applications US related ML general, “predictive analytics” particular, soared since 2010—and followed. I conjecture climate intensified protection property, companies legitimately claim more their application combines several assets addition, useful multiple sectors, value stake confronted with call subjects. Consequently, severely crippled.