Whether processing is likely to create high risk: Before | AIGP
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Whether processing is likely to create high risk: Before processing begins, which distinction determines

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

A DPIA depends on likely high risk to workers’ rights and freedoms, not merely the technology, format, or existence of another assessment.

The question

Under the EU GDPR, a manufacturer plans an AI system that analyzes worker-linked defect images and automatically flags individuals for retraining. Before processing begins, which distinction determines whether a DPIA is required?

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  1. Whether processing is likely to create high risk to workers’ rights and freedoms. ✓
    Article 35 requires a DPIA before processing likely to result in high risk, assessed through context, necessity, proportionality, and safeguards.
  2. Whether the dataset contains images rather than text records.
    The data format is relevant context but does not by itself establish the GDPR’s high-risk DPIA threshold.
  3. Whether the system uses machine learning rather than fixed rules.
    Technology type alone does not determine the threshold; GDPR focuses on likely risk to individuals’ rights and freedoms.
  4. Whether the manufacturer has completed a general AI impact assessment.
    A broader AI assessment may overlap, but it does not replace the distinct GDPR DPIA threshold or required analysis.
The trap
Look for likely high risk to rights and freedoms, then connect the facts to scale, monitoring, effects, and safeguards.

How to remember it

A DPIA depends on likely high risk to workers’ rights and freedoms, not merely the technology, format, or existence of another assessment.

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