Document an applicable lawful basis for the training | AIGP
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Document an applicable lawful basis for the training: Which direct control is still missing?

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

Public accessibility is not a blanket exemption; the agency must still establish an applicable GDPR lawful basis for training.

The question

Under the EU GDPR, a public-benefit agency wants to train an eligibility model on publicly accessible personal data. Assume transparency, minimization, security, purpose analysis, rights handling, and any DPIA requirements are satisfied. Which direct control is still missing?

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  1. Obtain consent from every person represented in the dataset.
    Consent is one possible lawful basis, but the GDPR does not require consent whenever personal data are publicly accessible.
  2. Document an applicable lawful basis for the training processing. ✓
    Even with other prerequisites satisfied, the agency must identify and document a lawful basis under GDPR Articles 5 and 6.
  3. Treat public accessibility as permission for model training.
    Public availability does not remove the GDPR requirement for a lawful basis and other applicable processing conditions.
  4. Remove all direct identifiers before using the data.
    Pseudonymization or identifier removal may reduce risk, but it does not itself establish a lawful basis or guarantee anonymization.
The trap
Do not equate public availability, pseudonymization, or consent with the complete lawful-basis analysis.

How to remember it

Public accessibility is not a blanket exemption; the agency must still establish an applicable GDPR lawful basis for training.

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