Area 3.2

Assess the Privacy Impact Before You Deploy

How could this system harm people’s privacy — and have we checked before launch?

Baseline: 1Enhanced: 2 3 controls

Who it applies to

Enter for every AI system. Some of its controls apply only where it processes personal data (B4). Go as deep as your system letter, and implement in your mode.

Why it exists

Run a structured privacy check before an AI system goes live, not after it has processed a million records. Such a check — a written assessment, done in advance, of how a system affects the privacy of the people whose data it uses — is a familiar instrument, but AI changes what it must examine. A model can expose information nobody deliberately stored in it: it can be induced to reveal fragments of its training data, it can infer sensitive facts about a person that were never provided, and it can leak one person’s information into an answer given to another. Assess these AI-specific pathways, not only the classical question of who can see the database.

What to actually do

Controls

Baseline 1 controls

Control 150

Complete a privacy impact assessment before deploying any AI that processes personal data.

BaselinePreventiveall rolesper systempersonal-data

What it is

A gate for systems that decide about people; documentation-after-launch is not acceptable.

How to implement it · Minimum structure
  • Description: purpose, personal data categories, people affected, provider involved
  • Necessity: why each data category is needed and what could be removed
  • Risks to individuals: exposure, misuse, wrong decisions about them, data reaching the provider
  • Measures: minimisation, access limits, retention, human review
  • Residual risk and decision: go, go with conditions, or no-go, signed by the system owner
  • Systems that decide about people: completed and approved before go-live, with no exceptions
How to start

Prepare a short template with these sections, complete it with the system owner, and make the go-live decision reference the signed assessment.

Evidence

The signed assessment, dated before go-live and referenced in the go-live decision.

Mode: light / standard / full
light
The owner-manager completes a two-page template with whoever set up the tool, using the provider's documentation.
standard
The system owner drafts it and the privacy lead reviews and signs it before go-live.
full
The privacy function runs it in a workflow that blocks deployment until the assessment is approved.

Enhanced 2 controls

Control 151

Assess the AI-specific exposure pathways explicitly.

EnhancedPreventiveall rolesper system

What it is

Training-data leakage, sensitive inference, and cross-user leakage — not only access to the store.

How to implement it · Steps
  1. Training-data leakage: try to make the system repeat records, names or passages it was trained or adapted on
  2. Sensitive inference: check whether it infers health, beliefs, relationships or other sensitive facts never supplied
  3. Cross-user leakage: check whether one user's data, history or documents can appear in another user's answer
  4. Retrieval permissions: confirm it only consults documents the asking user is allowed to see
  5. Per pathway, record the test, the result, the measure adopted and the residual risk
How to start

Add the pathways as a section of the assessment template and, for the next system going live, run a few probing prompts per pathway and record the answers.

Evidence

The AI-pathway section of each assessment, with the probes used and their results.

Mode: light / standard / full
light
Whoever set up the tool runs the probes, relying on the provider's statements for untestable training data.
standard
The system owner and privacy lead run a scripted set of probes per pathway before go-live.
full
A security testing team runs a maintained probe library and the privacy function signs off the findings.

Control 152

Reassess on material change.

EnhancedPreventiveall rolesper system

What it is

Model change, new data source, or new purpose triggers a fresh assessment.

How to implement it · Steps
  1. Triggers: new model or model version (including provider changes notified to you), new data source, new purpose or user group
  2. Routing: change requests and provider change notices reach the assessment owner
  3. Screening: decide promptly, before the change goes live, whether it alters the privacy picture
  4. Reassessment: update the affected sections, AI-specific pathways included, before the change goes live
  5. Minor changes: record the decision not to reassess and the reason
How to start

Write the trigger list into the change procedure and route the provider's model-change notices to whoever owns the assessment.

Evidence

The change log showing each trigger and the resulting reassessment or recorded decision not to reassess.

Mode: light / standard / full
light
The person responsible checks the trigger list whenever the provider announces a change or the tool is put to a new use.
standard
The change-approval step includes a privacy screening question owned by the privacy lead.
full
The change-management workflow opens a reassessment task automatically for any change tagged with a trigger.

Evidence

The completed assessments tied to go-live decisions; the record of AI-specific pathways examined; reassessment records against change events.