Privacy Impact Assessments
Overview
A Privacy Impact Assessment (PIA) — called a Data Protection Impact Assessment (DPIA) under GDPR — is a structured process to identify, assess, and mitigate privacy risks before a project or system processes personal data. It is the practical embodiment of “data protection by design” and a cornerstone of demonstrable accountability.
Why It Matters
- Legal trigger: GDPR Article 35 makes a DPIA mandatory for processing “likely to result in a high risk” — and failure to conduct one is independently sanctionable.
- Risk prevention: Catching privacy risks at design time is far cheaper than remediating a live system or a breach.
- Evidence: A documented DPIA is primary evidence of compliance during audits and investigations.
Key Regulations & Frameworks
- GDPR Articles 35 & 36 — DPIA requirement and prior consultation with the supervisory authority for high residual risk.
- WP29/EDPB DPIA guidelines (WP248) — nine criteria for “likely high risk” processing.
- ICO DPIA guidance and CNIL PIA methodology + open-source software.
- ISO/IEC 29134 — guidelines for privacy impact assessment.
Core Requirements
- Screening — determine whether a DPIA is required (high-risk triggers: large-scale special categories, systematic monitoring, new technologies, automated decisions).
- Description of processing — purposes, data, recipients, retention, and data flows.
- Necessity & proportionality — lawful basis, minimization, and whether the goal can be met with less data.
- Risk assessment — likelihood and severity of harm to data subjects.
- Mitigation — controls to reduce risk to an acceptable level.
- Sign-off & review — DPO advice, decision record, and review on material change.
Best-Practice Checklist
- Embed DPIA screening into project intake and change management
- Use the EDPB nine-criteria test to decide when a DPIA is required
- Document processing, data flows, and lawful basis
- Score risks by likelihood and severity to data subjects
- Record mitigations and residual-risk decisions
- Obtain DPO advice and, where high residual risk remains, consult the regulator
- Schedule periodic DPIA review and update
Related Jurisdictions
Resources
Guidance only — DPIA triggers and templates vary; align with your regulator’s methodology.