How to conduct a data protection impact assessment
GDPR in Practice: Compliance and Fines
Mamnoon Hadi
Head of Analytics & Insights at Readdle
What is a DPIA?
- A DPIA is a tool to identify and mitigate privacy risks in data processing activities
- Article 35 of the GDPR mandates DPIAs for high-risk data processing
- Failure to conduct a DPIA when required can lead to regulatory fines and enforcement actions
Why conduct a DPIA?
- Ensure compliance: demonstrates adherence to GDPR requirements
- Identify and mitigate risks: identifies privacy risks and implements safeguards
- Build trust: helps protect individuals' rights and enhances organizational credibility
- Improve decision-making: supports informed choices about data protection strategies and impact assessment outcomes
When is a DPIA required?
High-risk processing activities:
- DPIAs are necessary when processing is likely to result in high risks to individuals' rights and freedoms
Examples of high-risk processing:
- Processing sensitive personal data (e.g. health information)
- Large-scale profiling or automated decision-making
- Systematic monitoring of publicly accessible areas (e.g. surveillance)
Key steps in conducting a DPIA
Step 1: describe the processing activity
- What data is being processed and its purpose?
- Who is involved in processing?
Step 3: identify and mitigate risks
- What are the risks to individuals' privacy rights & how to mitigate?
Step 2: assess necessity and proportionality
- Is the processing necessary for the stated purpose?
- Are the data collection methods proportionate?
Risk assessment in DPIA
Definition of risk assessment:
- Identify the likelihood and severity of risks related to data processing
Risk mitigation strategies:
- Implement technical measures (e.g. encryption)
- Vet third-party vendors for GDPR compliance
Risk factors:
- Severity of potential harm (e.g. data breach, unauthorized access)
- Probability of risk occurrence
Conclusion
Summary:
- DPIAs are essential for ensuring GDPR compliance
- The process involves identifying and mitigating privacy risks
It helps build trust and protect individuals rights
Ensure that DPIAs are conducted for high-risk processing to avoid potential non-compliance issues
Let's practice!
GDPR in Practice: Compliance and Fines
