How can you implement the data protection impact assessment (DPIA) process of GDPR?

1 Step 1: Determine if you need a DPIA

To determine whether a DPIA is necessary for your data processing activity, consider if the processing is likely to result in a high risk to the data subjects, especially if you use new technologies or process sensitive data. Examples of high-risk processing include systematic and extensive evaluation of personal aspects through automated processing, such as profiling or scoring; large-scale processing of special categories of data, such as health, biometric, or genetic data; and systematic monitoring of a publicly accessible area, such as CCTV or facial recognition. If you are uncertain whether your processing falls into these categories, you can utilize the DPIA screening checklist provided by the European Data Protection Board (EDPB) to help you make a decision.

2 Step 2: Describe the data processing activity

The second step is to describe the data processing activity that you intend to carry out. This should include a clear and detailed account of the purpose and scope of the processing, the nature and source of personal data, the data recipients and transfers, the data retention and deletion, and the security and protection measures. You should also specify the business objectives, expected benefits for you and data subjects, categories, volume, quality of data, third parties or countries that will access or store the data, criteria and duration for keeping or erasing the data, as well as technical and organizational safeguards to prevent unauthorized or unlawful access, use, disclosure, or loss of the data.

3 Step 3: Assess the risks and impacts

The third step is to assess the risks and impacts that your data processing activity may have on the rights and freedoms of the data subjects. You should identify and evaluate any potential harms or negative consequences that could arise from the processing, such as discrimination, identity theft, psychological distress, or loss of control. Additionally, consider the likelihood and severity of these risks and impacts, as well as any existing or planned mitigation measures that could reduce or eliminate them.

4 Step 4: Consult and document the DPIA

The final step is to consult and document the DPIA. You should seek the views and feedback of relevant stakeholders, such as data subjects or their representatives, the data protection officer (DPO) or legal counsel, and the supervisory authority. It is important to document the DPIA in a clear and comprehensive report. This should include information such as the data processing activity and its purpose, scope, nature, source, recipients, transfers, retention, deletion, security and protection measures. Additionally, the report should include a risk and impact assessment along with mitigation measures. Additionally, you should document the consultation process and outcomes as well as any actions or recommendations needed to implement the DPIA findings and monitor the data processing activity.