Assess the request: What should the agency do first? | AIGP
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Assess the request: What should the agency do first?

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

The agency must assess the request and applicable retention conditions, preserving necessary records while documenting its response.

The question

Under the GDPR in the European Union, a public-benefit agency receives an individual’s erasure request while the agency is still determining eligibility. Its retention schedule permits keeping records for that active determination. What should the agency do first?

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  1. Assess the request, retain necessary records, and document the response. ✓
    The agency should evaluate scope and applicable conditions, retain necessary records under the schedule, and document its rights response.
  2. Reject the request without documenting the applicable retention basis.
    A bare rejection fails to assess the request’s scope, applicable exception, and documented rights-handling responsibilities.
  3. Erase every record immediately upon receiving the request.
    Erasure rights have conditions and exceptions; immediate deletion could undermine an active determination and violate applicable retention requirements.
  4. Convert all records to anonymous data without checking eligibility needs.
    Anonymization may disrupt active eligibility administration and does not replace a documented assessment of the erasure request and retention basis.
The trap
Do not treat rights as automatic commands; assess scope, exceptions, necessity, and the documented retention basis.

How to remember it

The agency must assess the request and applicable retention conditions, preserving necessary records while documenting its response.

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