Article 10 of the EU’s AI Act puts data governance at the heart of bias mitigation in high-risk AI systems but offers little guidance on implementation. Delegating these challenges to technical standardisation bodies raises both feasibility and legitimacy concerns, posing a significant test for the institutions now tasked with defining AI fairness in practice.
The principle of proportionality not only addresses the conflict among competing interests under Article 15(1)(h) GDPR but also shapes the justifications for public interest restrictions on the right of access to AI decision-making information.