What exactly is a DPIA, and why is it so important?
A Data Protection Impact Assessment (DPIA) is a method for identifying and reducing risks associated with data processing. DPIAs are typically performed when new data processing methods, systems, or technologies are introduced.
For data processing that is anticipated to be ‘high risk,’ DPIAs are a legal necessity under the GDPR (General Data Protection Regulation). If you don’t conduct a DPIA when it’s required, you could face legal consequences. A fine of up to 2% of your company’s annual global turnover, or €10 million, whichever is greater, may be imposed.
Regular DPIAs let firms demonstrate compliance with the GDPR’s accountability principle. A DPIA can also be used to raise awareness of privacy and data security risks within a company.
When should a DPIA be performed?
When data processing is anticipated to pose a high danger to data subjects, a DPIA is required. According to the GDPR, you must undertake a DPIA if you intend to:
- With considerable effects, use systematic and thorough profiling.
- On a wide scale, process special category or criminal crime data, or
- systematically monitor publicly accessible sites.
Processes that are likely to require a DPIA include:
- On its information system, a hospital processes the genetic and health data of its patients.
- The storage of sensitive data from research projects or clinical trials that has been pseudonymized.
- An organisation that uses an intelligent video analysis technique to identify cars and recognise registration plates automatically.
- An organisation that monitors its employees’ actions, including their workstations and Internet usage, on a regular basis.
- The collection of public social media data in order to create profiles.
- An organisation that is building a nationwide credit rating or fraud database.
The most important aspects of a successful DPIA
A solid DPIA can assist you show that you’ve thought about the risks associated with your proposed processing and that you’ve completed your broader compliance obligations.
The GDPR does not specify how to conduct a DPIA. Instead, it enables businesses to employ a framework that works in tandem with their existing procedures.
Privacy by design and DPIAs
A DPIA should be performed as early in the project lifecycle as practicable so that its results and recommendations can be integrated into the processing operation’s design.
The embedding of data privacy features in the design of projects, known as privacy by design, can have the following benefits:
- Potential issues are detected at the outset.
- It is typically easier and less expensive to solve problems early on.
- Increased privacy and data security awareness throughout the organisation.
- The GDPR will be less likely to be broken by businesses.
- Individuals are less likely to be bothered by actions that invade their privacy.
When conducting a DPIA, who should be involved?
Data controllers are in charge of ensuring that the DPIA is completed. The DPIA should be carried out by individuals who have the necessary experience and knowledge of the project – usually the project team.
The DPIA should be carried out by persons who have the necessary skills and knowledge of the project, which is usually the project team.
Any organisation with a designated DPO (data protection officer) is required by the GDPR to seek their counsel. As part of the DPIA process, this advise and the decisions made should be documented.
Infinity Legal Solution can assist you in data protection impact assessment and Privacy Risk Assessment. Lawyer in Amsterdam informs users on the obligation and proportionality of data processing.
They assist businesses of all sizes that must identify the personal data they handle and align their activities with the GDPR.
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