Data protection impact assessment
A data protection impact assessment (DPIA) is a method for identifying and minimising risks associated with the processing of personal data. The final results should be incorporated into the project plan.
When processing personal data, a DPIA assesses the impact on privacy and where these risk factors may emerge. A DPIA will also show you what steps can take to reduce or eliminate the danger of a data breach. Before you begin utilising, collecting, or sharing personal data, you must conduct a DPIA.
When should a data Privacy Impact Assessment be undertaken?
A DPIA is an ongoing procedure. This implies you’ll have to keep an eye on how your company handles data. If there are any changes, your DPIA may need to be adjusted. If you start using new data processing methods or technologies, or if you want to utilise the data for different reasons, you may need to conduct a new DPIA.
Is there a high risk, according to the DPIA results? Are you unable to eliminate or reduce this risk? In this instance, you should seek advice from infinity legal solutions.
What are the benefits of DPIAs?
DPIAs are an important instrument for verifying compliance with data protection laws as well as lowering the risk of noncompliance and potential consequences.
In which of the situations would a DPIA be required?
A DPIA is required by European regulations whenever the processing of personal data is considered to pose a high risk to the privacy rights of the individuals affected. A guideline with nine criteria has been developed by European data protection agencies. If two or more of the following conditions apply, you should conduct a DPIA:
- Personal data is used for evaluation, scoring, profiling, and prediction. Consider a bank that uses a credit reference database to screen its customers. Or if you create person profiles based on their interests, preferences, health, or geography.
- You make decisions based on pre-programmed algorithms. This is true for processing that has a big impact, such exclusion or discrimination.
- You acquire personal data on a huge scale on a regular basis by monitoring a publicly accessible location in a methodical manner. For example, people may be subjected to video surveillance without understanding what the photographs will be used for or by whom.
- You work with very personal and sensitive information. These could include information on political or religious preferences, as well as medical records, criminal records, and financial information.
- You handle personal information on a massive scale over a lengthy period of time.
- You mix and match two or more different datasets (for instance that were intended for different purposes or collected by different operators).
- You use data from people who are vulnerable, such as children, employees, or patients.
- You employ fresh and inventive technology or solutions, the social implications of which are unknown.
- You process personal data in a way that prevents someone from using a service, entering into a contract, or exercising a right. When a bank checks a credit reference database to see if they will issue a consumer a loan, here is an example of this.
The requirements for a DPIA are as follows:
It is up to you how you conduct a data protection impact assessment, however there are a few conditions you must meet:
- You describe the personal data you’ll process, the reason for which you’ll use it, and why you’ll do so.
- You determine whether or not personal data is required to achieve your goal.
- You choose whether the invasion of privacy is reasonable to achieving your goal.
- You do an assessment of the privacy threats.
- You determine what steps you’ll take to reduce or eliminate privacy risks.
- You are in charge of deciding what steps you will take to comply with the GDPR (AVG).
How do you conduct a data protection impact assessment?
When conducting a DPIA, keep the following points in mind:
- Describe the project in detail: Determine the project’s purpose, scope, duration, and objectives.
- Describe the anticipated processing in terms of its nature, scope, context, and purpose.
- Describe how you consulted with key stakeholders.
- Describe the measures of compliance and proportionality, including Processing on a legal basis.
- Determine the risks to the data subjects, including the likelihood and severity of the risk, as well as the risk’s impact.
- Determine whether there are any further steps you can take to minimise (reduce) or eliminate risks.