Although the GDPR includes many requirements, penalties, obligations, rights, and definitions, it does not include a DPIA or a specific template for a data protection impact assessment.
If you're having trouble identifying exactly what to include in your DPIA, check out this blog to learn how to get started. We'll explain what DPIA is, the actual template itself, and then explain how to make the DPIA process and workflow faster and easier.
DPIA: Basic
DPIA is explained below. Article 35 GDPR. Article 35 states the following regarding DPIA:
Type of processing […] Prior to processing, the controller shall carry out an assessment of the impact of the envisaged processing operation on the protection of personal data, if the processing may pose a high risk to the rights and freedoms of natural persons.
We then list three specific situations in which a DPIA is required, but this list is not exhaustive.
- Data processing activities involving automated decision-making.
- Processing of special categories of data (such as data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, etc.).
- Systematic monitoring of public areas.
Generally, major projects involving personal data should have a DPIA associated with them.
See below for more information. What is a DPIA (Data Protection Impact Assessment)?
Sample DPIA template
1. Identify necessityahLADPIA
Please provide a summary of why you believe your project requires a DPIA. What is it intended to achieve and what type of processing will it involve? If necessary, refer to supporting documentation such as the project proposal.
2. Processing description
The nature, scope, context and purpose of the processing must be explained in detail. This includes answering questions such as:
- Nature of processing: How do you intend to use the data? Will you share it with others? Does it involve high-risk processing activities?
- Scope of processing: Does the data include special categories of data or data related to crime? How much data will you collect and process? When will the data be deleted? How many people will be affected by the processing? of individuals? And how many geographic areas are involved?
- Processing context: What is your relationship with data subjects? Do they know how you plan to use their data, and can they control that process? Use of data Are there any public concerns related to the objective? Are other frameworks, codes of conduct, or certification schemes involved?
- Purpose of processing: What are the intended goals? What are the benefits of this processing, both for your organization and the wider world?
3. Consult with experts and record their answers
What other experts and stakeholders will be included in the DPIA and what was their feedback? Processing, information security and privacy experts, or those potentially affected by downstream processors? Have you spoken to any sexual individuals?
4. Assessing necessity and proportionality
This step of the DPIA is intended to determine whether processing is really necessary or should be performed at all. Do you have solid food? legal basis For processing? Is the processing actually achieving its goals? And is it collecting only the data it absolutely needs to do so? Are there alternative approaches that don't require data collection? Please ask questions and record relevant information here.
5. Risk identification and assessment
Please be sure to identify and list the sources and nature of the various risks that may be associated with the processing. For each of these risks, score:
- Likelihood of harm – Is it unlikely, possible, or likely?
- Severity of the harm — is it minimal, significant, or significant?
- Overall risk – low, medium or high?
6. Identify measures to reduce risk
Based on the risks you previously identified, list the measures you can take to reduce or eliminate them, with a particular focus on high and medium risks.
Next, explain the following impacts on the identified risks:
- Is the risk being eliminated, mitigated, or just accepted?
- Whether the residual risk is low, medium, or high.
- Whether the intervention has been approved as sufficient.
7. Approve and record results
Create records of approvals and results. This must include:
- Who approved the various measures, their integration into the project plan, and the dates and responsibilities for completion.
- Who approved the residual risk? If the residual risk is determined to be high, you should first consult your local data protection authority. Their approval or disapproval should be recorded here.
- Advice provided by the DPO, including compliance, step 6 risk mitigation, and whether processing can proceed.
- Whether the DPO's advice was accepted or rejected, by whom and for what reasons.
- Who reviewed the responses of the experts consulted, whether the decision deviated from the views of these experts, and why.
- How DPOs can assess DPIA compliance of ongoing projects over time.
core issues
While it's very easy to follow these instructions and fill out forms, implementing them on a project-by-project basis can be complex in practice.
A DPIA must be conducted before work begins and must be maintained while work is in progress. This means multiple stakeholders need to coordinate what contributions should be made and when. Consider the various parties involved.
- Your organization's DPO.
- Project leader.
- Data subjects and other affected individuals.
- Experts in security, privacy, and other subjects.
- Downstream processors such as vendors.
- Local data protection authority.
Some of these parties cannot be rushed (such as local data protection authorities). This means receiving timely information from stakeholders with whom you have a working relationship (co-workers, DPOs, vendors, etc.) is essential.
Additionally, such evaluations should be conducted and maintained regularly. As they accumulate, DPOs and other privacy professionals can easily lose track of which her DPIAs are outdated, which her DPIAs are waiting for input from her DPIA stakeholders, etc. there is.
Therefore, DPOs and privacy professionals should look for data privacy management platforms with built-in assessment modules. With the Osano platform, you can:
- Assign action items to stakeholders.
- Send automatic reminders.
- Schedule a regular review frequency.
- Check the status of your current rating.
- Save and centralize your ratings.
Not to mention Osano's library of other rating types, custom rating capabilities, or suite of additional privacy solutions.