A data protection impact assessment under the GDPR and a fundamental rights impact assessment under the EU AI Act can both apply to the same high-risk AI system that processes personal data. Which statement correctly distinguishes what each assessment is concerned with?
- ABoth assessments examine the identical question and apply the same legal trigger, so completing one of them automatically discharges the controller's duty to complete the other for that AI system.
- BThe data protection impact assessment is a voluntary best practice, while the fundamental rights impact assessment is the only one of the two that is ever legally mandatory.
- CThe fundamental rights impact assessment covers only cybersecurity threats to the AI system, while the data protection impact assessment covers everything else about the deployment.
- DThe data protection impact assessment focuses on risks to individuals' personal data and privacy, while the fundamental rights impact assessment addresses broader effects of the AI system on fundamental rights. Correct
Why A is wrong: The overlap between the two assessments makes this tempting, but they arise under different instruments with different scopes, so one does not automatically satisfy the other even though their findings can inform each other.
Why B is wrong: Casting the data protection impact assessment as voluntary is wrong, since the GDPR makes it mandatory for high-risk processing; both assessments can be legally required depending on the circumstances.
Why C is wrong: Reducing the fundamental rights impact assessment to cybersecurity misstates its scope, which concerns effects on fundamental rights, so although security is one consideration this mischaracterises what the assessment is for.
Why D is correct: The GDPR data protection impact assessment is centred on risks to the rights and freedoms arising from the processing of personal data, whereas the EU AI Act fundamental rights impact assessment looks more broadly at how a high-risk AI system may affect fundamental rights, which is the correct distinction.