Document each party’s purposes and means: What evidence should | AIGP
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Document each party’s purposes and means: What evidence should resolve the parties’ roles?

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

Actual purposes and means control role analysis; independent vendor training use cannot be resolved by the processor label.

The question

An EU housing-software buyer subject to the GDPR hires a screening provider. The contract calls the provider a processor, but the provider also uses applicant records to train its own commercial scoring service. What evidence should resolve the parties’ roles?

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  1. A statement that the buyer selected the model’s intended outputs
    Buyer influence over outputs does not eliminate the provider’s independent purpose in commercial model training.
  2. Document each party’s purposes and means, including independent model-training use ✓
    Controller or processor status follows actual purposes and means; independent commercial training may create controller responsibilities.
  3. The provider’s security architecture and access-control documentation
    Security evidence may support safeguards but does not determine who decides purposes and means of processing.
  4. The contract’s processor label and supplier privacy notice
    Labels and notices do not settle roles when the provider determines an independent purpose for using applicant data.
The trap
Identify every purpose, especially a supplier’s independent reuse, before deciding whether processing is merely on behalf of the buyer.

How to remember it

Actual purposes and means control role analysis; independent vendor training use cannot be resolved by the processor label.

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