Restricting access to AI decision-making in the public interest: The justificatory role of proportionality and its balancing factors

In the European Union, individuals subject to fully automated AI-based decisions by the government have the right to request access to the processing information under Article 15(1)(h) of the General Data Protection Regulation (GDPR). However, this right may be restricted on public interest grounds, such as preventing system manipulation to ensure the effectiveness of the law or reducing excessive burdens on public officials to maintain efficiency in government operations. The principle of proportionality is a key instrument to assess the legality and legitimacy of such restrictions, yet its application has been largely overlooked in discussions concerning the competing public interests under Article 15(1)(h) of the GDPR. This paper draws on legal and interdisciplinary scholarship, as well as the case law of the Court of Justice of the European Union (CJEU) to explore the role of proportionality and its balancing factors in shaping justifications for public interest restrictions on the data protection right of access to AI decision-making information.