Art.36 Prior consultation
Consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controlle
5
artefacts
0
held by a system
2
at each review
hard
to go live
Document repository
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
none for this control
periodic reviewEvidence produced at each review
- The decision record for each impact assessment that concluded on residual high risk, showing whether consultation was triggered and on what reasoning · Document repository
- Evidence that the processing did not begin before the consultation concluded · Document repository
governing documentDocuments that govern the control
- The consultation submission carrying all six information items Article 36(3) requires · Document repository
- The authority's written advice and the changes made to the processing in response, tracked to closure · Document repository
- Where national law requires prior authorisation for public interest processing, the authorisation obtained · Document repository
First move
This control is evidenced by people and documents, not systems. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date. Do not try to automate it.
Common gaps auditors find
- Residual risk written down to medium in the assessment precisely to avoid the consultation trigger, with no measure actually added to justify the reduction
- Processing launched while the consultation is still open, which defeats the word prior in prior consultation
- The consultation submitted without the impact assessment attached, so the authority cannot assess what it is being asked about
- Authority advice received and filed without tracking whether the recommended changes were made
Do this for your whole sheet
Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.
Build my evidence sheetArt.35 Data protection impact assessment · Art.37 Designation of the data protection officer