Data Protection Impact Assessment
Where a type of processing, in particular processing using new technologies, is likely to present a high risk to the rights and freedoms of natural persons in view of its nature, scope, context and purposes, the controller shall, prior to the processing, carry out an assessment of the impact of the intended processing activities on the protection of personal data. One assessment may cover a range of similar processing operations that present similar high risks.
Where a data protection officer has been appointed, the controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
A data protection impact assessment referred to in paragraph 1 shall be required in particular in the following cases:
a systematic and comprehensive assessment of personal aspects of natural persons, which is based on automated processing, including profiling, and on which decisions are based that produce legal effects on the natural person or that substantially affect the natural person in a similar way;
large-scale processing of special categories of personal data referred to in Article 9(1) or data relating to criminal convictions and offenses referred to in Article 10; or
systematic and large-scale monitoring of publicly accessible spaces.
The supervisory authority shall establish and make public a list of the type of processing operations that are subject to a data protection impact assessment pursuant to paragraph 1. The supervisory authority shall communicate those lists to the Committee referred to in Article 68.
The supervisory authority may also draw up and make public a list of the type of processing for which no data protection impact assessment is required. The supervisory authority shall communicate this list to the Committee.
Where the lists referred to in paragraphs 4 and 5 concern processing operations related to the offering of goods or services to data subjects or to the monitoring of their behaviour in different Member States, or processing operations that are likely to substantially affect the free movement of personal data within the Union, the competent supervisory authority shall apply the consistency mechanism referred to in Article 63 prior to the adoption of those lists.
The assessment shall include at least:
A systematic description of the intended processing operations and the purposes of processing, including, where appropriate, the legitimate interests pursued by the controller;
An assessment of the necessity and proportionality of the processing in relation to the purposes;
an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
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, while respecting the rights and legitimate interests of data subjects and other persons concerned.
When assessing the impact of processing operations carried out by a controller or processor, and in particular for the purposes of a data protection impact assessment, compliance with the approved codes of conduct referred to in Article 40 shall be duly taken into account.
Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, having regard to the protection of commercial or general interests or the security of processing operations.
Where processing pursuant to point (c) or (e) of Article 6(1) has its legal basis in Union law or in the law of the Member State applicable to the controller, it 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 determining this legal basis, paragraphs 1 to 7 shall not apply unless Member States consider it necessary to carry out such an assessment prior to the processing operations.
If necessary, the controller shall conduct a review to assess whether the processing is carried out in accordance with the data protection impact assessment, at least when there is a change in the risk posed by the processing operations.
