Assess purpose compatibility and lawful basis before | AIGP
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Assess purpose compatibility and lawful basis before: What should procurement require first?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Before reuse, assess compatibility with the original purpose and identify a lawful basis for the proposed processing.

The question

Under the GDPR in the EEA, a software vendor proposes reusing customer-support records to train a scheduling model. The original records supported support services, and the vendor has not shown compatibility or a new lawful basis. What should procurement require first?

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  1. Obtain consent from every customer before reviewing compatibility.
    Consent may be considered in some circumstances, but it does not replace the required assessment of compatibility and lawful basis.
  2. Assess purpose compatibility and lawful basis before approving reuse. ✓
    Reuse requires examining whether the new scheduling purpose is compatible with collection and whether a lawful basis supports the processing.
  3. Approve reuse because the vendor originally received the records lawfully.
    An original lawful collection does not automatically authorize a materially different purpose; compatibility and lawful basis must be assessed again.
  4. Require stronger encryption while leaving the purpose unchanged.
    Encryption may improve security, but it does not answer whether training the scheduling model is purpose-compatible or lawfully based.
The trap
Separate the legality of initial collection from the legality and compatibility of secondary processing.

How to remember it

Before reuse, assess compatibility with the original purpose and identify a lawful basis for the proposed processing.

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