Escalate for Article 36 prior consultation: What should resolve this uncertainty before deployment?
Where high residual risk remains after safeguards, the evidence should address whether Article 36 prior consultation is required.
The question
Under the GDPR, a public benefits agency completed a DPIA for an eligibility model. The assessment concludes that high residual risk to applicants remains after safeguards, but the file lacks evidence of the next regulatory step. What should resolve this uncertainty before deployment?
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- Obtain senior management acceptance of the remaining risk.Management acceptance may support accountability, but it cannot replace the GDPR consultation step when high residual risk remains.
- Request another supplier security questionnaire before deciding.Additional supplier information may help security analysis, but it does not address the stated uncertainty about prior consultation.
- Escalate for Article 36 prior consultation. ✓High residual risk after safeguards triggers consideration of GDPR Article 36 prior consultation with the supervisory authority.
- Expand the general AI impact assessment across agency programs.A broader assessment may provide organizational insight, but it does not resolve the specific GDPR Article 36 consultation question.
The trap
When a DPIA leaves high residual risk, focus on prior consultation, not merely more internal approval or generic vendor review. How to remember it
Where high residual risk remains after safeguards, the evidence should address whether Article 36 prior consultation is required.
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