How can you identify privacy risks in a new data project?

Practitioners need to recognise this is not a risk assessment on the high risks to the controller but "to the rights and freedoms of natural persons" thus ensuring that the business owner does not infringe those rights.

A DPIA is typically a requirement of privacy laws in jurisdictions that have such requirements. It could be the case that a data controller is subject to a privacy regime that does not provide for a DPIA and thus there may be the tendency to ignore carrying out a DPIA since it’s not a requirement of law. For such jurisdictions, a Privacy Impact Assessment (PIA) which is the industry nomenclature for a DPIA in instances where the law doesn’t mandate a DPIA, becomes necessary. It serves the same purpose as a DPIA which with or without being mandatory in law, aids an organization identify privacy risks at the onset of a project and presents the opportunity to seek mitigating measures before a project is advanced.

A Data Protection Impact Assessment (DPIA) is a process designed to help organizations systematically analyze, identify, and minimize the data protection risks of a project or plan. It is particularly relevant in the context of new projects, systems, or technologies that process personal data and is a requirement under various data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union. Other juridications call this same process a PIA (Privacy Impact Assessment).

DPIA or PIAs are basically risk assessment for individual privacy rights. There is a huge confusion about how to decide whether DPIA is necessary or not. While pre-DPIA questions useful for that, if you are a privacy professional you normally have a hunch about whether a processing will likely to have a high risk to the rights and freedoms of individuals. As a rule of thumb, if you are struggling whether a specific processing requires a detailed assessment to find out impact on individuals privacy, it might be good to go ahead with the DPIA to answer that question. Something very "innocent" might have a high risk on individuals' privacy depending on the "purpose"!

A Data Protection Impact Assessment (DPIA) is a process for identifying and mitigating risks to personal data in a project. It involves analyzing how data is managed, assessing potential privacy and security risks, and outlining measures to reduce these risks. DPIAs are often legally required under regulations like the GDPR for high-risk data processing activities. They are crucial for ensuring compliance, enhancing data governance, and building stakeholder trust by demonstrating a commitment to responsible data handling. DPIAs play a key role in managing data protection risks and maintaining organizational reputation.

If your data has PII (i.e personally identifiable information), then you need to undergo a DPIA or what is called alternatively a DPEIA ( i.e data privacy and ethics impact assessment). This requires visibilty in the organization of what is a PII and what is the criteria to classify data points as PII. The question of 'when' is also important, there are some topics which are still in 'ideation' phase where you do not usually need a DPIA. However, if your project is in PoC or Prototype or production stage onwards, then you indeed need to create a DPIA.

Undergoing a Data Protection Impact Assessment (DPIA) or Data Privacy and Ethics Impact Assessment (DPEIA) is necessary when your project involves Personally Identifiable Information (PII). Understanding what constitutes PII within your organization is crucial for this process. Typically, a DPIA is not required during the ideation phase of a project. However, once a project advances to the Proof of Concept (PoC), Prototype, or Production stage, conducting a DPIA becomes essential to ensure proper handling and protection of personal data in line with privacy regulations and ethical standards.

During project planning, answer questions related to if this will be a value add to end user and be clear on the service you plan to provide. Then map out the data in scope, data inventory and follow data minimization principles (collect only what you need). Follow privacy by design practices and engage with privacy, legal and risk stakeholders early on to be aware of privacy laws you need to abide by and gain understanding of privacy risks involved with the project to guide your implementation.

To conduct a Data Protection Impact Assessment (DPIA), first determine if your data processing poses a high risk to individual rights, especially for sensitive data or new technologies. Outline the nature, scope, and purpose of the data processing. Consult with stakeholders like data protection officers for compliance and advice. Assess the necessity and proportionality of processing, then identify and evaluate potential risks to individual rights. Develop measures to mitigate these risks, including technical and organizational strategies. Document the DPIA process and decisions, and implement the identified risk mitigation measures. Regularly review and update the DPIA, particularly when changes occur in data processing activities.

Involving technology stakeholders in DPIA early on would enable identification of technical privacy risks alongside potential privacy harms. This would enable building mitigation strategies from technology standpoint (like use of Privacy Enhancing Technologies or PETs etc.,) and help achieve a better balance between utility and risk.

Sstart early in the project lifecycle, involving key stakeholders like data protection officers and IT staff for insights. Understand your data's lifecycle, from collection to processing and access. Continuously identify and reassess potential risks to individuals' rights and freedoms. Document all DPIA processes thoroughly for compliance and future reference. Incorporate privacy by design and maintain transparency with affected individuals. Seek expert advice when needed, implement robust security measures, and regularly update the DPIA to reflect any changes. Have a plan for data breaches and integrate DPIA practices into your organizational governance, emphasizing a culture of privacy and data protection.

Data discovery, data mapping and data flow are basic main requirements. It's very important to know your data, what kind of data you have and where is it located, and your data handling processes. DPIA is needed when there is high risk in processing and so being honest and transparent in your findings will contribute to the purpose of dpia.

Most important thing is being aware of the data you have and where it lives. An organized data inventory and data sensitivity labels makes DPIA process go smoothly.

Additionally, consider the impact of cross-border data transfers and the compliance with relevant international data protection laws and regulations.