GDPR and Generative AI: Choosing a Lawful Basis
Legitimate interest, consent or contract? A structured way to reason about lawful basis for training, fine-tuning and inference, with the balancing test written out.
The cheapest way to reduce breach exposure is not to hold the data. What that means when you are building document tooling.
The cheapest way to reduce breach exposure is not to hold the data. For legal technology, where the data is by definition sensitive, this is a design constraint rather than a policy aspiration.
Not deleting things aggressively — documents under review must remain available. It means being deliberate about what is created beyond the document itself: extracted text, embeddings, search indices, cached renderings, log entries, analytics events, support-tool copies. Each derived artefact is a second copy of the sensitive material, frequently in a system with weaker controls than the primary store.
Derive on demand where feasible. A cached rendering that can be regenerated in 200 milliseconds does not need to be stored for six months.
Scope logs to identifiers. Application logs should record that document 4f21 was processed, not what it said. This is the most common source of unintended document content in low-security systems.
Make deletion cascade. Deleting a document should delete its extracted text, embeddings, index entries, thumbnails and derived findings. A deletion that leaves the vector index populated is not a deletion, and it is the failure most often discovered during an audit rather than during design.
Bound support access. Engineers debugging a customer issue should not require a copy of the customer’s document. Reproduction with synthetic material, redaction-by-default tooling, and time-limited approved access with an audit record are the alternatives.
Retention policies enforced by a person reviewing a spreadsheet quarterly do not survive contact with reality. Retention should be a property of the record, enforced by a scheduled job, with the deletion recorded. Then the policy question becomes what the period should be, rather than whether the period is observed.
Every security questionnaire asks what you store, where and for how long. Short, accurate answers shorten procurement. Long, qualified answers extend it — and the qualification is usually somebody’s honest description of a derived artefact nobody planned for.
This article is general information about legal technology and practice, not legal advice, and it does not create a lawyer–client relationship. JuriPro is a technology company, not a law firm. Take advice from a qualified lawyer admitted in the relevant jurisdiction before acting on anything here.
Chief Technology Officer, JuriPro
Machine-learning engineer who has spent a decade building retrieval and document-understanding systems for regulated industries.
Legitimate interest, consent or contract? A structured way to reason about lawful basis for training, fine-tuning and inference, with the balancing test written out.
Sensitive personal information, contractor obligations and the difference between a service provider and a third party.
A transfer impact assessment that a regulator would recognise, without a six-month project to produce it.
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