Seek prior consultation with the competent supervisory: What is the required next governance step before
Unresolved high residual risk after a DPIA requires prior consultation with the competent supervisory authority before processing proceeds.
The question
Under the GDPR in the European Union, an employer’s internal AI assistant analyzes employee messages for wellbeing indicators. A completed DPIA finds high residual risk despite planned safeguards. What is the required next governance step before processing continues?
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- Transfer responsibility to the employee-assistance vendor.Outsourcing does not remove the employer controller’s accountability or eliminate the consultation consequence of unresolved high risk.
- Add voluntary internal principles and continue deployment.Internal principles may guide conduct but cannot replace prior consultation when high residual risk remains under GDPR Article 36.
- Seek prior consultation with the competent supervisory authority. ✓Where high residual risk remains after safeguards, GDPR Article 36 requires prior consultation with the supervisory authority before processing proceeds.
- Recalculate model accuracy using a larger employee sample.Accuracy testing may inform safeguards, but it does not satisfy the required response to unresolved high residual privacy risk.
The trap
A DPIA finding of unresolved high residual risk changes the next step from deployment planning to supervisory consultation. How to remember it
Unresolved high residual risk after a DPIA requires prior consultation with the competent supervisory authority before processing proceeds.
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