DPIA Data Protection Impact Assessment

The data protection impact assessment (DPIA) is a process carried out within the company to assess and minimise the impact of planned processing operations of personal data on the data protection rights and freedoms of data subjects. The DPIA is an important instrument under the General Data Protection Regulation (GDPR) of the European Union, especially for processing operations that pose a high risk to the data protection rights of individuals.

The DSFA involves a systematic examination of various factors, such as the nature, scope, purpose and context of the processing, the type of personal data concerned, the number of data subjects and the duration of the processing. On this basis, risks to the rights and freedoms of the data subjects are to be identified. This also includes examining which technical and organisational measures can be taken to minimise the risks and ensure compliance with data protection regulations.

The DPIA is not only a requirement of the GDPR, but also an important component of effective data protection management. It helps companies to identify risks at an early stage and to take appropriate measures to avoid or minimise data protection violations.

The data protection impact assessment (DPIA) process, guidelines and work instructions are part of the DPMS data protection management system and must be documented in it. It is recommended that the DPIA and the structural analysis and protection requirement determination from the ISMS information security management system be coordinated.

There are different documents to support the implementation of the data protection impact assessment (DPIA), depending on the country:

WP 248 Rev. 01 - Guidelines on Data Protection Impact Assessment (DPIA)
Ordinance of the Data Protection Authority on processing operations for which a data protection impact assessment is to be carried out (DPIA-V) - Austria
Briefing Paper No. 5 Data protection impact assessment under Art. 35 GDPR - Germany
List of processing activities, official short paper of the DSK - Germany

DPIA preliminary check (preliminary examination)

Prior checking (also known as preliminary examination) is an important step in the data protection impact assessment (DPIA) that is carried out in the company to assess whether a planned processing of personal data is likely to present a high risk to the rights and freedoms of the data subjects. Prior checking is particularly necessary if the planned processing is on a large scale or involves sensitive personal data.

During the preliminary check, the companies check whether the planned processing complies with the requirements of the General Data Protection Regulation (GDPR) and other applicable data protection regulations.

The results of the prior check are then incorporated into the actual DPIA and help to determine the risks associated with the planned processing and to select appropriate measures to minimise these risks.

Schedule for the DPIA data protection impact assessment

The process for a data protection impact assessment (DPIA) usually includes the following steps

Assigning responsibility: Identify the person or organisation responsible for the planned processing of personal data.
Description of the project: Describe the project or the planned processing of personal data, including the nature and purpose of the processing and the type of personal data concerned.
Identification of risks: Identify the risks associated with the processing of personal data, including the possible impact on the data subjects.
Assessment of necessity and proportionality: Assess the necessity and proportionality of the planned processing of personal data and ensure that the processing is in line with the data protection principles of the GDPR.
Evaluation of measures: Evaluate measures to minimise risk, such as technical and organisational measures, to ensure that appropriate security measures are implemented to minimise the risk to data subjects.
Consultation with the supervisory authority: Consult the relevant data protection supervisory authority, if necessary, to obtain assistance in conducting the DPIA or to review the results of the DPIA.
Documentation: Document all steps and results of the DPIA, as well as the reasons for the decisions made.
Review and update: regularly review the results of the DPIA and update them if the circumstances or the risk profile of the processing change.

The exact procedure may vary depending on the nature and scope of the planned processing of personal data. However, it is important to ensure that all the necessary steps are taken to ensure an adequate level of data protection and to protect the rights and freedoms of the data subjects.