The Reasoning Gap: The Capability the Law Now Demands of Boards

The UK regime now requires four safeguards for any significant decision taken solely by automated processing: information, representations, human intervention, contestability. On the page these are procedural rights. In practice they all depend on something the law does not name: whether the organisation can interrogate its own decisions well enough for the safeguards to work. For a rule-based system, that capability is built in. For a probabilistic system, it is not, and most Boards have approved those systems without ever asking whether it exists. The first contestability request is when the gap surfaces.











