Legal Basis for AI Processing
GDPR requires a legal basis for processing personal data through AI. Options include: consent, legitimate interest, contractual necessity, and legal obligation. Most enterprise AI usage relies on legitimate interest with proper balancing tests.
Data Minimization
Article 5(1)(c) requires processing only data that is necessary. For AI: implement PII redaction to strip unnecessary personal data from prompts, use anonymization when possible, and avoid sending full datasets when summaries suffice.
Right to Erasure and AI
Article 17 grants the right to erasure. Zero-history architecture inherently satisfies this — if no data is stored, there's nothing to erase. Document your zero-retention policy as part of DPIA documentation.
Cross-Border Transfers
AI queries may be processed in different jurisdictions depending on the model provider. Ensure: data processing agreements cover AI providers, Standard Contractual Clauses are in place, and data sovereignty controls restrict processing to approved regions.
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