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In certain situations, your business may engage in activities considered high-risk under data protection laws. In this case, various legal rules will apply under data protection laws.
Understanding Data Protection Impact Assessments (DPIAs) is crucial for companies that process personal data under UK GDPR and UK law. DPIAs can help your organisation identify and mitigate risks associated with data processing activities. This article explores what a DPIA is and its importance under data protection laws.
What is a Data Protection Impact Assessment?
UK data protection law, primarily governed by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, sets out the principles, rights, and obligations for handling personal data. These legal rules protect individuals’ privacy and ensure that your organisation processes personal data fairly, lawfully, and transparently.
A Data Protection Impact Assessment (DPIA) is a tool to help your business identify and minimise risks related to data protection. DPIAs are particularly important for processing activities that could pose significant risks to individuals’ rights and freedoms. Conducting a DPIA is an essential requirement under the UK GDPR to mitigate your data protection risks.
Data Controllers and Data Processors
Under UK data protection law, the data controller is primarily responsible for conducting a DPIA, a legal obligation outlined in the UK GDPR. However, the process often involves collaboration with other parties within the organisation.
Their input is essential if your organisation has a Data Protection Officer (DPO). The controller must seek and document the DPO’s advice as part of the DPIA process. We explore this further below.
This factsheet sets out how your business can become GDPR compliant.
Data processors who handle personal data on behalf of the controller also have a role to play. They must assist the controller with the DPIA, providing relevant information and expertise.
It is important to note that while others can contribute to the DPIA process, the ultimate accountability for the assessment and its outcomes lies with the data controller.
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When is a DPIA Required?
You will need to conduct a DPIA in various situations, including large-scale processing of personal data, systematic monitoring of public areas, using new technologies that could affect privacy, and any data processing that could significantly impact individuals’ rights and freedoms.
Specifically, the UK data protection regulator states in guidance that your business needs to undertake a DPIA for activities such as:
- systematic and extensive profiling with significant effects;
- processing special category or criminal offence data on a large scale; and
- systematic monitoring of publicly accessible places on a large scale.
If your business uses innovative technology combined with high-risk criteria, such as profiling or processing special category data to decide on access to services or processing biometric or genetic data combined with high-risk criteria, a DPIA is necessary.
What Should You Consider for a DPIA?
In short, a DPIA is a written assessment that examines the risks of the data processing you plan to undertake. This includes describing the nature and scope of the data processing, assessing the reasons for processing the data in an intended manner, assessing the necessity and proportionality of the processing, and evaluating potential risks to individuals.
Comprehensive DPIA documentation is vital for your business to demonstrate compliance and accountability. Your assessment should clearly describe the processing activities, their necessity and proportionality, the risks identified, and the measures taken to address them.
Once your DPIA is complete, you should take appropriate action from the information you have identified as part of the process. For instance, you can record the outcome and decide whether to proceed with your intended plans whilst incorporating outcomes from your DPIA.
DPIAs can be extremely difficult and time-consuming. For example, if your assessment indicates a high risk and you believe you cannot take measures to mitigate such risks, you will need to consult with the ICO.
Given the complexity of these assessments, if you have any doubts about the process or how to carry it out correctly, you should seek legal advice to ensure you take all the correct steps.
What is the Role of the DPO in the DPIA Process?
For organisations that must appoint or have one appointed, a DPO plays a crucial role in the DPIA process. Your DPO should advise on whether a DPIA is necessary, help identify and assess risks, and ensure that the DPIA process complies with GDPR requirements. The DPO should also consult with stakeholders if necessary.
DPIAs are not just one-off tasks. They should be viewed as ongoing processes that need regular review and updates. This is particularly important when changes to the processing activities or new risks are identified. Regularly revisiting the DPIA will allow your business to adapt to evolving data protection challenges and uphold strong privacy practices.
Key Takeaways
Understanding when to conduct a DPIA is essential for businesses handling personal data. DPIAs can help your business identify and mitigate risks associated with data processing activities, ensuring compliance with UK GDPR and safeguarding individuals’ privacy. The process can be lengthy and complicated, and you should seek legal advice if you need help carrying out a DPIA.
If you need advice on conducting a DPIA or rules regarding compliance with UK data protection laws, LegalVision’s experienced Data, Privacy and IT lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers who can answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
1. What is a Data Protection Impact Assessment (DPIA)?
A Data Protection Impact Assessment is a data protection law assessment that helps organisations identify and minimise data protection risks, especially for high-risk processing activities. It involves evaluating the necessity and proportionality of data processing, identifying potential risks, and implementing measures to mitigate them.
2. When is a DPIA Required?
This assessment is required when your processing activities will likely result in high risks to individuals’ rights and freedoms. This includes large-scale processing of sensitive data, systematic monitoring, use of new technologies, and other high-risk processing activities.
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