Clarifying the Necessity Requirement in Proportionality Testing. Is it about Less or Least Intrusive Means?

Among legal philosophers, debate over proportionality’s structure is far from settled. We discuss necessity via Alexy, Brems and Lavrysen. In EU personal data protection law, CJEU rulings give clarity but leave questions; ECtHR may enrich the debate.

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Publication Details

Published
2025-10-08
DOI
https://doi.org/10.21428/9885764c.7d7a1965
Primary Topic
Adversarial Robustness in Machine Learning
Type
article
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article

Clarifying the Necessity Requirement in Proportionality Testing. Is it about Less or Least Intrusive Means?

Paul De Hert, Anja Dekhuijzen
Adversarial Robustness in Machine Learning
article

Clarifying the Necessity Requirement in Proportionality Testing. Is it about Less or Least Intrusive Means?

Paul De Hert, Anja Dekhuijzen
article en

Abstract

Among legal philosophers, debate over proportionality’s structure is far from settled. We discuss necessity via Alexy, Brems and Lavrysen. In EU personal data protection law, CJEU rulings give clarity but leave questions; ECtHR may enrich the debate.

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Clarifying the Necessity Requirement in Proportionality Testing. Is it about Less or Least Intrusive Means? — Paul De Hert, Anja Dekhuijzen · (2025) | TGRS Research Map | TGRS