Proportionality by design

Bjørn Aslak Juliussen

Chapter 6 in Compliance by Design in AI Systems, 2026, pp 277-302 from Edward Elgar Publishing

Abstract: Chapter 6 introduces and elaborates on the concept of “proportionality by design” as a methodological framework for the development and deployment of AI systems that process personal data. It defines the concept as an integrated approach where both the means (development and use of the AI system) and the ends (intended purposes or inferences made by the AI model) are continuously evaluated in terms of proportionality, aligning with the risk-based frameworks of the GDPR and the AI Act. The chapter positions proportionality by design as a multifunctional tool, serving as an explanatory taxonomy, an interpretative framework, and a foundation for best practices in AI governance. It further distinguishes between negative and positive obligations, applying respectively to public authorities and private organisations. Finally, the chapter examines the application of constitutional proportionality review in AI regulation.

Keywords: Proportionality; Fundamental Rights; Material and Procedural Proportionality; Fundamental Rights Impact Assessments (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035390724
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