Data protection impact assessment (DPIA)

A data protection impact assessment (DPIA) is an instrument of data protection law that is used to assess the impact of planned data processing on the protection of personal data. The European Union's General Data Protection Regulation (GDPR) provides in Art. 35 GDPR for a DPIA if a planned data processing operation is likely to result in a high risk to the rights and freedoms of natural persons.

The DPIA is particularly important in situations where new technologies or processing methods are used that could increase the data protection risk. It helps to identify data protection problems and take appropriate measures to minimise risks.

A data protection impact assessment is intended to ensure that data protection-relevant aspects are already taken into account in the planning phase of data processing projects. It is an important safeguard to ensure that personal data is handled appropriately and in compliance with the law and that the rights and freedoms of data subjects are protected. Companies and organisations should carry out DPIAs carefully when planning data processing activities that could pose a high data protection risk.

Typically, a data protection impact assessment comprises the following steps:

Identification of data processing: Firstly, it is determined which data processing activities or projects require a DPIA. These can be extensive data processing activities such as databases, profiling systems or new technologies.
Data protection risk assessment: In this step, the potential impact of data processing on the data protection rights and freedoms of data subjects is assessed. This includes identifying potential risks and the likelihood of them occurring.
Risk minimisation measures: Based on the assessment of data protection risks, suitable measures are taken to minimise these risks. This may include the implementation of data protection techniques and procedures, pseudonymisation, encryption, access controls or other security measures.
Consultation with the data protection supervisory authority: In some cases, the GDPR requires that the data protection supervisory authority be consulted before any planned data processing begins. This is necessary if the risk to data protection rights and freedoms is high and the measures taken are not sufficient to mitigate this risk.
Documentation: The results of the DPIA and all measures and consultations taken must be carefully documented. This serves to prove compliance with the GDPR.