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Data Protection Impact Assessment in Switzerland

Imagine you’re planning a hike through the majestic Swiss Alps. You’ve got your map, your compass, and a clear destination. But there’s one more thing you need before you set off – a safety check. This isn’t just any safety check; it’s a thorough review to ensure you’re prepared for what lies ahead, understand the risks, and know how to mitigate them. This, in the realm of data protection, is akin to what the Swiss Data Protection Act calls a data protection impact assessment.

The essence of a data protection impact assessment

A data protection impact assessment is about foresight. It’s about spotting data protection issues early on, simplifying solutions, and cutting costs. Think of it as the planning stage of your hike, where you assess the path for potential hazards. Just as you’d want to know about a washed-out bridge on your hiking route in advance, data protection impact assessments help catch problems before they become complex and expensive.

When to conduct a data protection impact assessment

Not every data processing activity requires a data protection impact assessment. Such an assessment is mandatory when the processing is likely to result in a high risk to individuals’ rights and freedoms. This is particularly relevant in the following cases:

  • extensive operations involving personal data that is particularly sensitive, such as health information, racial or ethnic origins, political opinions, religious beliefs, or data relating to administrative and criminal sanctions;
  • continuous observation or tracking of individuals in public spaces, perhaps through video surveillance or location tracking;
  • implementing algorithms or technologies, including to make significant decisions based on individual’s behaviour, preferences, or movements.

Navigating the data protection impact assessment process

The data protection impact assessment process is structured yet flexible, allowing organisations to adapt it to their specific needs while ensuring comprehensive risk assessment. It begins with a detailed description of the planned data processing activities, laying out the scope and purpose clearly. This is followed by an in-depth risk assessment, focusing on potential impacts to the rights and freedoms of individuals. Organisations must then detail the measures they plan to implement to mitigate these risks, demonstrating a commitment to protecting data subjects.

An essential part of any data protection impact assessment is evaluating the residual risk after planned measures are in place. This evaluation helps organisations understand the effectiveness of their risk mitigation strategies and whether further action is necessary.

Exceptions and derogations

Conducting a data protection impact assessment can be a significant undertaking. There are pathways for organisations to streamline the process under certain conditions. One such pathway is through certification, where using certified products, systems, or services can exempt an organisation from conducting an assessment for those specific processing activities. These certifications are awarded by accredited bodies and indicate that the product or service meets established data protection standards.

Another option is adherence to approved codes of conduct. These codes, developed by professional or sectoral associations, outline best practices for data protection. Organisations that follow a code of conduct that has been vetted and approved can also be exempt from conducting a data protection impact assessment, provided the code includes an impact assessment component and measures to protect individuals’ rights.

Why data protection impact assessments are necessary

From a practical standpoint, data protection impact assessments should be viewed as an investment rather than an overhead. They offer a structured framework to refine data processing activities, ensuring that privacy risks are identified and mitigated early on. This foresight can significantly reduce the cost and complexity of data protection measures down the line.

These assessments offer a clear, structured approach to understanding and mitigating privacy risks, ensuring that organisations can confidently move forward in their data processing activities. Just as a compass leads hikers safely through the mountains, data protection impact assessments guide organisations through the terrain of privacy risks, ensuring a journey that meets data privacy and protection requirements.

Consider us your guides through this landscape. For a journey that ensures your data protection is on point, let’s connect for a complimentary 20-minute call.

Image by vectorjuice on Freepik

blank Anna Levitina

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anna.levitina@loganpartners.com

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