Consult the competent supervisory authority before launch | AIGP
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Consult the competent supervisory authority before launch: What must happen first?

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

Unmitigated high residual risk requires prior consultation with the competent supervisory authority.

The question

Under the GDPR in the EEA, a customer-service AI DPIA concludes that high residual risk to individuals remains and cannot be sufficiently mitigated by the proposed safeguards. The service owner wants to launch while the DPO reviews the file. What must happen first?

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  1. Record the risk and obtain internal approval.
    Documentation and internal approval support accountability but do not replace consultation with the supervisory authority.
  2. Obtain DPO sign-off and launch under enhanced safeguards.
    DPO review and enhanced safeguards do not displace prior authority consultation where the stated Article 36 conditions remain present.
  3. Continue with post-launch monitoring.
    Post-launch monitoring cannot replace the required step before processing when Article 36 applies.
  4. Consult the competent supervisory authority before launch. ✓
    GDPR Article 36 requires prior consultation when high residual risk cannot be sufficiently mitigated.
The trap
Look for both high residual risk and inability to sufficiently mitigate it before selecting Article 36 consultation.

How to remember it

Unmitigated high residual risk requires prior consultation with the competent supervisory authority.

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