Informal Consultation on the application of Article 39(3)(b) of Regulation (EU) 2018/1725

Informal consultation from an EU Agency on whether a particular number of data subjects concerned by a processing should be considered as “large scale” in the sense of Article 39(3)(b) of the Regulation.

The EDPS notes that the Regulation itself does not define what constitutes “large-scale”, analyses existing guidance on the matter and concludes that in the case of the processing underlying the informal consultation, the proportion of the relevant population as well as the nature of the personal data processed and possible resulting risks cumulatively advocate for conducting a DPIA in the case at hand.