Privacy impact assessment

The organization should assess the need for, and implement where appropriate, a privacy impact assessment whenever new processing of PII or changes to existing processing of... ... - Licensed content not shown -

GDPR (EU)

35.1: Article(35)(1): Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.

35.2: Article(35)(2): The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment.

35.3.a: Article(35)(3)(a): A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of: (a) a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person

35.3.b: Article(35)(3)(b): A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of: (b) processing on a large scale of special categories of data referred to in Article 9(1), or of personal data relating to criminal convictions and offences referred to in Article 10; or

35.3.c: Article(35)(3)(c): A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of: (c) a systematic monitoring of a publicly accessible area on a large scale.

35.4: Article(35)(4): The supervisory authority shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1. The supervisory authority shall communicate those lists to the Board referred to in Article 68.

35.5: Article(35)(5): The supervisory authority may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. The supervisory authority shall communicate those lists to the Board.

35.7.a: Article(35)(7)(a): The assessment shall contain at least: (a) a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller;

35.7.b: Article(35)(7)(b): The assessment shall contain at least: (b) an assessment of the necessity and proportionality of the processing operations in relation to the purposes;

35.7.c: Article(35)(7)(c): The assessment shall contain at least: (c) an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and

35.7.d: Article(35)(7)(d): The assessment shall contain at least: (d) the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.

35.8: Article(35)(8): Compliance with approved codes of conduct referred to in Article 40 by the relevant controllers or processors shall be taken into due account in assessing the impact of the processing operations performed by such controllers or processors, in particular for the purposes of a data protection impact assessment.

35.9: Article(35)(9): Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations.

35.10: Article(35)(10): Where processing pursuant to point (c) or (e) of Article 6(1) has a legal basis in Union law or in the law of the Member State to which the controller is subject, that law regulates the specific processing operation or set of operations in question, and a data protection impact assessment has already been carried out as part of a general impact assessment in the context of the adoption of that legal basis, paragraphs 1 to 7 shall not apply unless Member States deem it to be necessary to carry out such an assessment prior to processing activities.

35.11: Article(35)(11): Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.

36.1: Article(36)(1): The controller shall consult the supervisory authority prior to processing where a data protection impact assessment under Article 35 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.

36.3.a: Article(36)(3)(a): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (a) where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings

36.3.b: Article(36)(3)(b): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (b) the purposes and means of the intended processing;

36.3.c: Article(36)(3)(c): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (c) the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation

36.3.d: Article(36)(3)(d): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (d) where applicable, the contact details of the data protection officer;

36.3.e: Article(36)(3)(e): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (e) the data protection impact assessment provided for in Article 35; and

36.3.f: Article(36)(3)(f): When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: (f) any other information requested by the supervisory authority

36.5: Article(36)(5): Notwithstanding paragraph 1, Member State law may require controllers to consult with, and obtain prior authorisation from, the supervisory authority in relation to processing by a controller for the performance of a task carried out by the controller in the public interest, including processing in relation to social protection and public health.

LGPD (BRA)

Art.38: The National Data Protection Authority may decide that the controller must draft a personal data protection impact report, including on sensitive data, in reference to its data processing operations, under the terms of regulations, respecting commercial and industrial secrecy. Sole Paragraph. Following this Article, the report must contain, at least, a description of the types of data collected, the methodology used for the collection and to ensure the security of the information, and an analysis of the controller regarding the measures, safeguards, and risk mitigation mechanisms adopted.

APP (Australian Privacy Principles)

APP.1.2: Must take reasonable steps to implement practices, procedures and systems to ensure compliance with the APPs (APP 1.2)

PIPEDA (Personal Information Protection and Electronic Documents Act) - Canada

4.1.4: Must implement policies and practices to give effect to the principles (4.1.4)

Personal Data (Privacy) Ordinance - Hong Kong

S.4: A data user must not act or engage in practice that contravenes the data protection principles (S.4)

Personal Data Protection Act - Singapore

S.12: Must develop and implement policies, practices and processes to meet data protection obligations and receive and respond to complaints (S.12)

Personal Information Protection Act - South Korea

A.33: Where a potential breach of personal information is highly probable, the head of a public institution should make efforts to carry out a privacy impact assessment (A.33)

Turkish Data Protection Law numbered 6698

A.12.3: Must conduct necessary inspections in order to ensure compliance (A.12.3)