Consult the supervisory authority: What is required before processing starts?
High residual GDPR risk that cannot be sufficiently mitigated requires prior supervisory-authority consultation.
The question
Under the EU GDPR, a bank’s document-processing AI has completed a DPIA. The controller concludes that processing would still create high risk to applicants’ rights that the proposed safeguards cannot sufficiently mitigate. What is required before processing starts?
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- Commission a second general AI impact assessment.A broader internal assessment may be useful, but it does not replace GDPR prior consultation when Article 36 applies.
- Consult the supervisory authority. ✓GDPR Article 36 requires prior consultation when high residual risk remains despite the planned measures.
- Make the document vendor contractually responsible for residual risk.Contractual allocation does not remove the controller’s GDPR accountability or the duty to consult the authority.
- Expand the training dataset and retest the model.Improving model performance does not satisfy the separate Article 36 consultation requirement.
The trap
Distinguish the Article 35 DPIA from Article 36 consultation when high residual risk remains. How to remember it
High residual GDPR risk that cannot be sufficiently mitigated requires prior supervisory-authority consultation.
How many of these would you get right?
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