Is the development and use of the AI system proportionate to its intended purpose and impact on rights?
Is the development and use of the AI system proportionate to its intended purpose and impact on rights?
- Proportionality is a general principle of EU law. It requires you to strike a balance between the means used and the intended aim.
- In the context of fundamental rights, proportionality is key for any limitation on these rights.
If you answered No then you are at risk
If you are not sure, then you might be at risk too
Recommendations
- Proportionality requires that advantages due to limiting the right are not outweighed by the disadvantages to exercise the right. In other words, the limitation on the right must be justified.
- Safeguards accompanying a measure can support the justification of a measure. A pre-condition is that the measure is adequate to achieve the envisaged objective.
- In addition, when assessing the processing of personal data, proportionality requires that only that personal data which is adequate and relevant for the purposes of the processing is collected and processed. Source: EDPS
Interesting resources/references
- Proportionality test: EDPS Guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data
- Assess the possible impact on human rights: Charter of Fundamental Rights of the European Union