Article 36 Prior consultation

The controller shall consult F1the F2Commission 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 controller to mitigate the risk.

Where F3the Commission is of the opinion that the intended processing referred to in paragraph 1 would infringe this Regulation, in particular where the controller has insufficiently identified or mitigated the risk, the Commission shall, within period of up to eight weeks of receipt of the request for consultation, provide written advice to the controller and, where applicable to the processor, and may use any of its powers referred to in Article 58. That period may be extended by six weeks, taking into account the complexity of the intended processing. F4The Commission shall inform the controller and, where applicable, the processor, of any such extension within one month of receipt of the request for consultation together with the reasons for the delay. Those periods may be suspended until F5the Commission has obtained information the Commission has requested for the purposes of the consultation.

When consulting F6the Commission pursuant to paragraph 1, the controller shall provide the Commission with:

F8The relevant authority must consult the Commission during the preparation of a proposal for a legislative measure to be adopted by F9Parliament, the National Assembly for Wales, the Scottish Parliament or the Northern Ireland Assembly, or of a regulatory measure based on such a legislative measure, which relates to processing.

In paragraph 4, “the relevant authority” means—

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