Conducting a data protection impact assessment: Under GDPR | AIGP
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Conducting a data protection impact assessment: Under GDPR, which obligation is most directly triggered before

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

High-risk processing like large-scale profiling with new technology requires a DPIA before processing begins.

The question

A controller plans large-scale automated profiling of individuals with significant effects, using a new AI system. Under GDPR, which obligation is most directly triggered before processing begins?

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  1. Registering the AI system as a high-risk product with a national market-surveillance authority before any launch date.
    Plausible but wrong: that concept comes from product/AI-Act regimes, not the GDPR obligation triggered here.
  2. Conducting a data protection impact assessment, since high-risk profiling with new technology triggers the DPIA duty. ✓
    Correct: high-risk processing such as large-scale profiling with new technology requires a DPIA before processing.
  3. Publishing the model's full source code so that affected data subjects can independently audit every decision it makes.
    Wrong: GDPR requires no publication of source code.
  4. Appointing an external auditor to certify the model's accuracy before any personal data may lawfully be processed at all.
    Wrong: no external accuracy certification is required as a precondition to processing.
The trap
Confusing the GDPR DPIA duty with EU AI Act product registration or certification concepts.

How to remember it

High-risk processing like large-scale profiling with new technology requires a DPIA before processing begins.

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