Treat it as personal data because reidentification remains | AIGP
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Treat it as personal data because reidentification remains: How should the dataset be treated for the agency’s

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

Pseudonymized data remain personal data when a key or other reasonable means can reconnect records to individuals.

The question

Under the GDPR in the EEA, a public-benefit agency removes names from a dataset but retains a separately held reidentification key. How should the dataset be treated for the agency’s model development?

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  1. Treat it as anonymous unless the model outputs identities.
    Classification depends on identifiability of the dataset, not on whether the model later produces an identity disclosure.
  2. Treat it as personal data because reidentification remains possible. ✓
    Pseudonymization reduces direct identification but retains a link, so the agency must continue treating the information as personal data.
  3. Treat it as anonymous because names were removed.
    Removing direct identifiers alone does not establish anonymization when a key or other means can reconnect records to people.
  4. Treat it as nonpersonal because the key is stored separately.
    Separate storage can reduce access risk, but it does not eliminate the possibility of reidentification or GDPR applicability.
The trap
Ask whether a person can still be identified using retained keys or reasonably available means.

How to remember it

Pseudonymized data remain personal data when a key or other reasonable means can reconnect records to individuals.

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