A DPIA is basically a risk assessment relating to processing personal data. Not only is it a good idea to identify and minimise these risks, but it is also a legal requirement. DPIA stands for Data Protection Impact Assessment. It can sometimes also be known as a PIA or Privacy Impact Assessment.
DPIAs help data controllers to comply with GDPR requirements and to demonstrate that compliance. A DPIA must be carried out before certain types of data processing.
Although a DPIA can sometimes be legally necessary, a regular privacy impact assessment can also be a useful tool for identifying and minimising GDPR risks. It also shows your willingness to display compliance and accountability which builds trust and boosts the reputation of your business.
It is useful to think of a DPIA as more of an ongoing process than a one-off event. It is important for controllers to continually assess whether their data processing creates a risk to the rights and freedoms of the data subjects request management.
Not performing a DPIA when you need to can result in a heavy fine. If your data processing is subject to data protection impact assessment, then you must complete a DPIA.
Failure to conduct the DPIA in the correct manner, or failure to contact the ICO when required can also result in serious enforcement action from the ICO, or other EU Supervisory Authority.
Under current regulations, you could incur a fine of up to £8.7 million, or 2% of your annual turnover (whichever is higher).
Primarily, you should assess whether a GDPR privacy impact assessment (or DPIA) is necessary for your business.
The first thing to ascertain is the level of risk created by your data processing. If it is likely that there is a high risk to individuals, then you will need to perform a DPIA.
GDPR Policy Template UK states that you will need to perform a DPIA if you are going to:
Process criminal offence data
Monitor a public place
Process genetic or biometric data
Conduct or use profiling data
Conduct ‘invisible processing’ (collect data without providing a privacy notice)
Process data which may pose safety or health risks to an individual
Profile children or direct marketing towards children
Track the behaviour or location of individuals
Use new data processing technology or systems
A DPIA is not a mandatory requirement in every processing project but is dependent on the circumstances and the type of processing involved.
A DPIA is mandatory when data processing is likely to result in a high risk to the rights and freedoms of individuals.
Individuals have the right to data protection policy template and privacy, and controllers have an obligation to ensure those rights are protected, and to comply with GDPR.
If your data processing is likely to endanger the rights of the data subjects, then a DPIA is required by law.
If it is not clear if a DPIA is required or not, then it is recommended that one is carried out anyway. A DPIA is a good way to demonstrate your legal compliance with GDPR.
A DPIA is an invaluable process to assess and manage risks to the rights and freedoms of data subjects (individuals). The purpose of the DPIA is to identify potential risks and enable controllers to find ways to mitigate the risks. A DPIA helps controllers to be compliant with GDPR cookie consent and to demonstrate legal compliance.