Whether the team can establish lawful basis and purpose | AIGP
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Whether the team can establish lawful basis and purpose: What is the decisive issue before reuse?

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

Public availability is not a blanket exemption; lawful basis and compatible purpose remain decisive under the EU GDPR.

The question

In a customer-service operation subject to the EU GDPR, a team wants to train an AI assistant on customer reviews posted publicly online. The reviews contain names and complaints, and the team proposes relying solely on their public availability. What is the decisive issue before reuse?

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  1. Whether the reviews are accessible without a login
    Open accessibility does not itself establish a GDPR lawful basis, compatible purpose, transparency, or other processing safeguards.
  2. Whether the team can establish lawful basis and purpose compatibility ✓
    GDPR requires a lawful basis and assessment of compatible reuse; public availability alone does not remove those obligations.
  3. Whether the reviews contain enough text for model training
    Training volume concerns utility, not the decisive legal basis and purpose requirements governing personal-data reuse under GDPR.
  4. Whether the vendor contract prohibits publishing the trained assistant’s outputs
    Output publication terms may matter, but they do not establish a lawful basis for processing the source personal data.
The trap
Public source data remains personal data when individuals can be identified; test legal basis and purpose separately.

How to remember it

Public availability is not a blanket exemption; lawful basis and compatible purpose remain decisive under the EU GDPR.

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