Introduction and importance of risk assessment:
The risk assessment is a central part of the data protection impact assessment (DPIA). It is used to identify and assess potential risks to the rights and freedoms of data subjects. This assessment allows appropriate measures to be taken to mitigate risks and ensure compliance with the General Data Protection Regulation (GDPR). Here are the types of risks and the risk assessment process explained in detail:
Types of risks:
- Loss of confidentiality:
- Unauthorized access: Risks arising from unauthorized access to personal data, e.g. through hacker attacks, insider threats or lack of access controls.
- Data leaks: Risks arising from unintentional disclosure of data, e.g. due to misconfigurations, human error or lack of security measures.
- Loss of integrity:
- Data manipulation: Risks arising from the unauthorized modification or manipulation of data, e.g. through malicious attacks or inadequate change logs.
- Data corruption: Risks arising from technical errors or system failures that result in damage or loss of data integrity.
- Loss of availability:
- System failures: Risks arising from technical failures or disruptions that affect access to data, e.g. due to hardware failures, software errors or natural disasters.
- Denial-of-service attacks: Risks posed by targeted attacks aimed at making systems or services inaccessible.
- Loss of traceability:
- Lack of logging: Risks arising from inadequate logging or monitoring of data access and changes, e.g. due to lack of audit trails or inadequate monitoring systems.
- Reputational damage:
- Loss of trust: Risks arising from data breaches that may undermine the trust of customers, employees or partners in the company.
- Negative coverage: Risks that arise from negative media coverage of data protection breaches and can damage the company’s reputation.
- Legal and financial risks:
- Fines and sanctions: Risks arising from violations of the GDPR that may result in significant fines or other legal sanctions.
- Litigation: Risks arising from lawsuits brought by data subjects seeking compensation for data breaches.
Risk assessment process:
- Identification of risks:
- Analysis of processing operations: First, the planned processing operations are analyzed to identify potential risks. This includes the type of data processed, the technologies used and the people and systems involved.
- Identification of vulnerabilities: Vulnerabilities in the processing operations and the technologies used that could pose potential risks are identified.
- Assessment of risks:
- Probability of risks: The probability of the identified risks occurring is assessed. This includes the analysis of factors such as previous incidents, the complexity of the systems and the security measures in place.
- Severity of impact: The potential impact of the identified risks on the rights and freedoms of data subjects is assessed. This includes analysis of factors such as the amount of data involved, the sensitivity of the data and the potential consequences for data subjects.
- Managing the risks:
- Determination of measures: Based on the risk assessment, measures are determined to reduce the identified risks. This includes both technical and organizational measures.
- Implementation of measures: The defined measures are implemented to minimize the likelihood and impact of the identified risks.
- Monitoring and verification:
- Continuous monitoring: The risks and effectiveness of the measures are continuously monitored to ensure that the measures established continue to be effective.
- Regular review: The DPIA and the risk assessment are regularly reviewed and updated to take account of changes in processing operations, technologies or risks.
Relevant articles of the GDPR:
- Article 35: Data protection impact assessment
- Article 32: Security of processing
- Recital 84: Scope of the DPIA
- Recital 90: Implementation of the DPIA
Practical examples of risk assessment:
- Introducing new technologies: A company plans to introduce new facial recognition technology in its offices. The risk assessment identifies potential risks such as unauthorized access to data, data leaks, and negative impacts on the privacy of data subjects. Risk mitigation measures include implementing strict access controls, encrypting data, and training employees on data protection.
- Processing of sensitive data: A medical facility plans to process sensitive health data for research purposes. The risk assessment identifies potential risks such as data manipulation, system failures and reputational damage. Risk mitigation measures include encrypting the data, implementing access controls and conducting regular security audits.
Summary:
The risk assessment is a central component of the data protection impact assessment (DPIA). It is used to identify and assess potential risks to the rights and freedoms of data subjects. The assessment includes identifying the risks, assessing the likelihood and severity of the risks, determining measures to mitigate the risks and continuously monitoring and reviewing the risks. By conducting a comprehensive risk assessment, companies can ensure that the processing of personal data is carried out in accordance with data protection regulations and that the rights of the data subjects are protected.
