This paper addresses the black-box problem in artificial intelligence (AI), and the related problem of explainability of AI in the legal context. We argue, first, that the black box problem is, in fact, a superficial one as it results from an overlap of four different – albeit interconnected – issues: the opacity problem, the strangeness problem, the unpredictability problem, and the justification problem. Thus, we propose a framework for discussing both the black box problem and the explainability of AI. We (...) argue further that contrary to often defended claims the opacity issue is not a genuine problem. We also dismiss the justification problem. Further, we describe the tensions involved in the strangeness and unpredictability problems and suggest some ways to alleviate them. (shrink)

This paper inquiries into the complex issue of informed consent applying artificial intelligence in medical diagnostic consultations. The aim is to expose the main ethical and legal concerns of the New Health phenomenon, powered by intelligent machines. To achieve this objective, the first part of the paper analyzes ethical aspects of the alleged right to explanation, privacy, and informed consent, applying artificial intelligence in medical diagnostic consultations. This analysis is followed by a legal analysis of the limits and requirements for (...) the explainability of artificial intelligence. Followed by this analysis, recommendations for action are given in the concluding remarks of the paper. (shrink)