"Two Means to an End Goal": Connecting Explainability and Contestability in the Regulation of Public Sector AI

Abstract: Explainability and its emerging counterpart contestability have become important normative and design principles for the trustworthy use of AI as they enable users and subjects to understand and challenge AI decisions. However, the regulation of AI systems spans technical, legal, and organizational dimensions, producing a multiplicity in meaning that complicates the implementation of explainability and contestability. Resolving this conceptual ambiguity requires specifying and comparing the meaning of both principles across regulation dimensions, disciplines, and actors. This process, here defined as translation, is essential to provide guidance on the principles' realization. We present the findings of a semi-structured interview study with 14 interdisciplinary AI regulation experts. We report on the experts' understanding of the intersection between explainability and contestability in public AI regulation, their advice for a decision subject and a public agency in a welfare allocation AI use case, and their perspectives on the connections and gaps within the research landscape. We provide differentiations between descriptive and normative explainability, judicial and non-judicial channels of contestation, and individual and collective contestation action. We further outline three translation processes in the alignment of top-down and bottom-up regulation, the assignment of responsibility for interpreting regulations, and the establishment of interdisciplinary collaboration. Our contributions include an empirically grounded conceptualization of the intersection between explainability and contestability and recommendations on implementing these principles in public institutions. We believe our contributions can inform policy-making and regulation of these core principles and enable more effective and equitable design, development, and deployment of trustworthy public AI systems.