Document a suitable lawful basis and assess purpose | AIGP
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Document a suitable lawful basis and assess purpose: Which approach satisfies the stated constraint?

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

Public availability does not remove GDPR duties; lawful basis and purpose compatibility remain necessary considerations.

The question

Under the GDPR, an education agency wants to train a model on teachers’ publicly accessible professional profiles. The profiles contain personal data, and the agency has not documented a lawful basis or compatible purpose. Which approach satisfies the stated constraint?

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  1. Ask the platform to certify that profiles are intended for public viewing.
    Public-viewing certification does not establish the agency’s lawful basis or demonstrate compatibility between collection and model training.
  2. Document a suitable lawful basis and assess purpose compatibility. ✓
    This approach directly addresses the missing legal basis and tests whether proposed training is compatible with the original purpose.
  3. Use the profiles because public accessibility permits reuse.
    Public accessibility does not create a blanket exemption from lawful-basis, purpose-limitation, fairness, and transparency duties.
  4. Obtain consent from every teacher before any model training.
    Consent is one possible lawful basis, but the GDPR does not make it universally necessary when another valid basis may apply.
The trap
Public does not mean unrestricted: test lawful basis, fairness, transparency, minimization, and compatible purpose.

How to remember it

Public availability does not remove GDPR duties; lawful basis and purpose compatibility remain necessary considerations.

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