Conducting a data protection impact assessment (DPIA) or privacy impact assessment (PIA) is a complex and challenging task. Nevertheless, it’s critical to do. Data privacy concerns have become a significant focus across all industries, and for good reason: data is at higher risk than ever before. In its 2020 Q3 Data Breach QuickView Report, Risk Based Security revealed that 36 billion records were exposed during the first three quarters of 2020. Show
Regulatory bodies worldwide have worked to mitigate risk to personal data by establishing compliance regulations. In particular, conducting regular DPIAs is a key mandate of the General Data Protection Regulation (GDPR), the scope of which extends to all organizations that store or process the data of European Union (EU) residents. This article explains what these assessments entail and how to perform them. What is a data protection impact assessment?A data protection impact assessment is meant to identify, analyze and minimize the data protection risks of a project or plan. DPIAs are required by the GDPR’s “protection by design” principle. What are the benefits of a DPIA?The benefits of conducting DPIAs extend far beyond GDPR compliance. They include:
How do I know if I should conduct a DPIA?Organizations are required to conduct a DPIA anytime their data processing is likely to result in a high risk to the rights and freedoms of individuals. Article 35 of the GDPR law states: Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. Failure to carry out a DPIA when required by the official guidelines can result in legal enforcement actions, including steep fines from the European Data Protection Board. Here are some types of processing activities that automatically require a DPIA, according to the GDPR:
When is a DPIA required?The GDPR does not require organizations to conduct DPIAs for every processing operation that relates to privacy; GDPR outlines the following criteria to determine whether a DPIA is mandatory:
When is a DPIA not required?Organizations are not required to conduct a DPIA under the following circumstances:
When should a DPIA be conducted?Organizations should incorporate DPIAs in new projects that involve personal data from the start and use it throughout planning and development. For instance, if an organization wants to develop an IoT app, it should consider DPIA obligations during the first stages of the planning process and through to completion. The DPIA requirement applies to processes that started on or after May 25, 2018, and to processes that started before that date and have changed in a way that affects compliance requirements. Though an organization may technically be exempt from carrying out DPIAs, most compliance experts recommend conducting DPIAs even for operations that were already underway before the GDPR went into effect. What steps should I take to perform a DPIA?Step 1: Determine whether a DPIA is required.Using the information above to determine whether a DPIA is required. Be sure to document the following aspects of the processing:
Step 2: Identify who should be involved.A DPIA should involve the person in charge of the project for which the assessment is required, as well as your Data Protection Officer (DPO). If you use a data processor, you may need to ask them for information and assistance as well. In some cases, organization may consult outside experts, including information security professionals, lawyers, technicians, security analysts and sociologists who have data privacy expertise. Step 3: Assess your data protection and related risks.Create a prioritized list of your assets and identify potential vulnerabilities. For example, if one of your assets is a server where you store client data, risks to that data could include natural disasters, hardware failures or malicious behaviors like hacking. In your risk analysis, consider:
Step 4: Identify and evaluate data protection processes and tools.Start developing and implementing appropriate software solutions and risk mitigation measures. Organizations must document which risks a specific solution will help mitigate and how. Here are two examples of risks and potential solutions: Risk: The organization retains PII longer than necessary. Solution: An automated data retention workflow tool. Problem: Unauthorized users might access the server and browse PII. Solution: Increase security monitoring and testing of the server. Step 5: Produce a final DPIA report.DPIA records must include the following information:
It’s best practice to publish DPIAs in full or in part, even if GDPR guidelines do not require it. This helps to foster trust in the your processing operations and demonstrates accountability and transparency to all stakeholders. Be sure to get approval from the parties involved in the DPIA, such as your Data Protection Officer or members of the management team. You’ll also need to obtain sign-off from supervisory authorities, such as the Data Protection Commission. If this is your first DPIA, check out the helpful Netwrix blog post, “How to Jump-Start GDPR Risk Analysis.” How can Netwrix help?Netwrix solutions help organizations with multiple areas of GDPR compliance, including:
FAQ1. Are DPIAs mandatory? Article 35 of the GDPR requires a DPIA whenever you conduct processes likely to increase risk to individual rights or freedoms. The DPIA requirement applies to processes that started on or after May 25, 2018, and to processes that started before that date and have changed in a way that affects compliance requirements. 2. Are there any exceptions? A DPIA might not be required if you are processing data based on a legal obligation or on behalf of the public, or if you conducted a similar DPIA already. 3. Who is responsible for performing DPIAs? A DPIA should involve your Data Protection Officer, if you have one, as well as the person heading the project that triggered the DPIA and any relevant data processors. 4. When should DPIAs be conducted? Organizations should incorporate DPIAs from the start in any new project and conduct them throughout the planning and development process. 5. What should a DPIA contain? ICO describes what to include in a DPIA assessment. Be sure to document the following factors about the data processing:
Former VP of Customer Success at Netwrix. He has a diverse background built over 20 years in the software industry, having held CEO, COO, and VP Product Management titles at multiple companies focused on security, compliance, and increasing the productivity of IT teams.
What must a Dpia contain?Your DPIA must:. describe the nature, scope, context and purposes of the processing;. assess necessity, proportionality and compliance measures;. identify and assess risks to individuals; and.. identify any additional measures to mitigate those risks.. What are the four essential stages to a data protection impact assessment?Automated-decision making. Systematic monitoring. Processing sensitive data or data of a highly personal nature. Large-scale data processing.
What is a data protection impact assessment Dpia )?A Data Protection Impact Assessment (DPIA) describes a process designed to identify risks arising out of the processing of personal data and to minimise these risks as far and as early as possible. DPIAs are important tools for negating risk, and for demonstrating compliance with the GDPR.
How do you perform a data protection impact assessment Dpia?What are the key elements of a DPIA process?. Step 1: identify the need for a DPIA.. Step 2: describe the processing.. Step 3: consider consultation.. Step 4: assess necessity and proportionality.. Step 5: identify and assess risks.. Step 6: identify measures to mitigate the risks.. Step 7: sign off and record outcomes.. |