What is a data protection impact assessment (DPIA)?

Introduction and definition:

A data protection impact assessment (DPIA) is a central component of the General Data Protection Regulation (GDPR). It is used to evaluate the risks of processing personal data and to take appropriate measures to address them. The aim is to protect the rights and freedoms of data subjects and to ensure that processing activities comply with data protection requirements.

Definition according to Article 35 GDPR:

• Systematic assessment: A DPIA is a systematic assessment of the planned processing operations and the purposes of the processing. This assessment includes a detailed description of the processing operations, including the purposes of the processing and the technologies used.
• Risk assessment: A central component of the DPIA is the assessment of the risks to the rights and freedoms of the data subjects. These risks may arise from the type of data processed, the scope and purpose of the processing and the technologies used.
• Risk mitigation measures: The DPIA describes the measures to address the identified risks. This includes technical and organizational measures aimed at minimizing the likelihood and impact of potential risks.

Why is a DPIA important?

The DPIA is a tool to ensure compliance with the GDPR and promote data protection. It provides a structured method to assess and mitigate data protection risks and helps prevent potential breaches of the GDPR. By conducting a DPIA, companies can:

• Ensure transparency and accountability: A thorough DPIA documents the company’s considerations and decisions regarding data protection and shows that data protection requirements are taken seriously.
• Build trust: Compliance with data protection regulations builds trust among customers and users by demonstrating that their personal data is protected.
• Minimize legal risks: By identifying and mitigating risks, companies can avoid legal sanctions and fines that could be imposed for GDPR violations.

Steps to conduct a DPIA:

1. Description of processing operations: The first step is to create a detailed description of the planned processing operations. This includes the purposes of the processing, the type of data processed, the data subjects and the technologies used.
2. Assessment of necessity and proportionality: The next step is to assess whether the processing operations are necessary and proportionate to the purposes pursued. This includes examining whether the purposes pursued can be achieved by less invasive means.
3. Risk assessment: An assessment of the risks to the rights and freedoms of data subjects is carried out, taking into account the likelihood and potential impact of the risks identified.
4. Risk reduction measures: Based on the risk assessment, measures are defined to manage the identified risks. This includes technical and organizational measures aimed at minimizing the likelihood and impact of potential risks.
5. Documentation: The results of the DPIA are documented and serve as proof of compliance with the GDPR. The documentation should be detailed enough to be understandable to supervisory authorities and data subjects.

Practical examples of DPIA applications:

• Introduction of new technologies: A company plans to introduce a new facial recognition technology in its offices. A DPIA is carried out to assess the potential data protection risks and take measures to mitigate the risks, such as implementing strict access controls and pseudonymizing the data.
• Processing of sensitive data: A medical facility plans to process sensitive health data for research purposes. A DPIA helps to assess the risks and implement appropriate protective measures, such as data encryption and strict access control.

Relevant articles of the GDPR:

• Article 35: Data protection impact assessment
• Article 36: Prior consultation
• Recital 84: Scope of the DPIA
• Recital 90: Implementation of the DPIA

Summary:

A data protection impact assessment is an essential tool to ensure compliance with the GDPR and promote data protection. It provides a structured method to assess and mitigate data protection risks and helps prevent potential GDPR violations. By conducting a DPIA, companies can ensure transparency and accountability, build trust and minimize legal risks. Conducting a DPIA involves describing processing operations, assessing necessity and proportionality, assessing risks, determining risk mitigation measures and documenting the results.