DPIA

What is a DPIA?

A DPIA is a process designed to help you systematically analyze, identify and minimize the data protection risks of a project or plan. It is a key part of your accountability obligations under the UK?GDPR, and when done properly helps you assess and demonstrate how you comply with all of your data protection obligations.

It does not have to eradicate all risk but should help you minimize and determine whether or not the level of risk is acceptable in the circumstances, taking into account the benefits of what you want to achieve.

DPIAs are designed to be a flexible and scalable tool that you can apply to a wide range of sectors and projects. Conducting a DPIA does not have to be complex or time-consuming in every case, but there must be a level of rigour in proportion to the privacy risks arising.

There is no definitive DPIA template that you must follow. You can use our suggested template?if you wish, or you may want to develop your own template and process to suit your particular needs, using this guidance as a starting point.

Why are DPIAs important?

DPIAs are an essential part of your accountability obligations. Conducting a DPIA is a legal requirement for any type of processing, including certain specified types of processing that are likely to result in a high risk to the rights and freedoms of individuals. Under UK?GDPR, failure to carry out a DPIA when required may leave you open to enforcement action, including a fine of up to?￡8.7 million, or 2% global annual turnover if higher.

By considering the risks related to your intended processing before you begin, you also support compliance with another general obligation under UK?GDPR: data protection by design and default.

In general, consistent use of DPIAs increases the awareness of privacy and data protection issues within your organization. It also ensures that all relevant staff involved in designing projects think about privacy at the early stages and adopt a ‘data protection by design’ approach.

A DPIA also brings broader compliance benefits, as it can be an effective way to assess and demonstrate your compliance with all data protection principles and obligations.

However, DPIAs are not just a compliance exercise. An effective DPIA allows you to identify and fix problems at an early stage, bringing broader benefits for both individuals and your organization.

It can reassure individuals that you are protecting their interests and have reduced any negative impact on them as much as you can. In some cases, the consultation process for a DPIA gives them a chance to have some say in the way their information is used. Conducting and publishing a DPIA can also improve transparency and make it easier for individuals to understand how and why you are using their information

In turn, this can create potential benefits for your reputation and relationships with individuals. Conducting a DPIA can help you to build trust and engagement with the people using your services, and improve your understanding of their needs, concerns and expectations.

There can also be financial benefits. Identifying a problem early on generally means a simpler and less costly solution, as well as avoiding potential reputational damage later on. A DPIA can also reduce the ongoing costs of a project by minimizing the amount of information you collect where possible and devising more straightforward processes for staff.