GDPR_DPIA_001

rules/regulations/eu/gdpr_dpia.yaml

Citation

Regulation (EU) 2016/679, 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. Article 35(3): 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; (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 (c) a systematic monitoring of a publicly accessible area on a large scale.

Condition

Requires controllers to carry out a data protection impact assessment prior to processing that is likely to result in a high risk to the rights and freedoms of natural persons, particularly for automated decision-making, large-scale processing of special categories, or systematic monitoring. GDPR Article 35.

Layer 1 detects

without impact assessment or without data protection impact assessment; no DPIA or no data protection impact assessment; skip or skipping DPIA or impact assessment; automated or profiling decision (singular) or processing without or lacking DPIA or impact assessment; large-scale (also "large scale") processing or monitoring without or lacking DPIA or assessment; high-risk (also "high risk") processing without or lacking DPIA or impact assessment; fail, failing or failure to conduct, perform or carry out a DPIA or impact assessment; and systematic monitoring without or lacking DPIA or assessment. It matches wording, not meaning: it misses the practice told in other words ("Start the city-wide CCTV face analytics on Monday; the privacy review can come later."), it does not read whether the processing is likely to result in a high risk, so it fires on lawful text in these words ("There is no DPIA requirement for the newsletter sign-up form."), and it fires on text that only names the practice. Whether a text does the practice is judged in Layer 2.

Condition type

regex; semantic condition in the file, not run by the engine

Status in the file

approved