UNDERSTANDING DATA PRIVACY IMPACT ASSESSMENT AND ITS ROLE IN SAFEGUARDING INFORMATION

Welcome back! In this edition, let’s delve into the world of Data Privacy Impact Assessment (DPIA). In our digitally dominated era, protecting personal data has become a top priority. The escalating frequency and sophistication of data breaches highlight the urgency for robust measures to ensure data privacy. One indispensable tool in this domain is the DPIA. This exposition aims to elucidate the significance of DPIA, its process, and distinguish it from a Data Privacy Impact Assessment Policy.

Data Privacy Impact Assessment (DPIA):

A Data Privacy Impact Assessment is a systematic evaluation process that organizations undertake to identify, assess, and mitigate the potential risks associated with the processing of personal data. DPIAs are often conducted as part of the privacy by design approach to ensure that data protection considerations are addressed from the outset. DPIAs are particularly crucial when implementing new processes or technologies that involve the collection, processing, or storage of personal information.

For Legislative flavouring, Section 28(1) of the Nigeria Data Protection Act 2023 provides that:

“Where the processing of personal data may likely result in high risk to the rights and freedoms of a data subject by virtue of its nature, scope, context and purposes, a data controller shall, prior to the processing, carry out a data privacy impact assessment.”Data Protection Impact Assessment DPIA is an assessment done to ascertain the possible implication of certain business decisions in relation to the provisions of the NDPR. DPIA is not compulsory for all processing operations, however, it may be required for the following types of data processing: a. Evaluation or scoring (Profiling); b. Automated decision-making with legal or similar significant effect; c. Systematic monitoring; d. Sensitive data or data of a highly personal nature; e. When Data processing relates to vulnerable or differently-abled Data Subjects; and f. When considering the deployment of Innovative processes or application of new technological or organizational solutions.[1]

Article 2.6 (c) of the Guidelines for the Management of Personal Data by Public Institutions in Nigeria, 2020 outlines key measures that public institutions must implement to safeguard personal data. According to the provision, every public institution is obligated to establish robust mechanisms ensuring the confidentiality, integrity, availability, and resilience of data. Moreover, when seeking to process personal data from other public institutions, private entities, or international organizations, specific requirements must be met. These include conducting a comprehensive Data Protection Impact Assessment and subsequently submitting the assessment report to the Nigeria Data Protection Commission (formerly NITDA).

Key Components and Steps in a DPIA[2]:

1. Identification of Processing Activities:
   • Define the purpose of the processing activities.
   • Identify the types of data involved.
2. Assessment of Necessity and Proportionality:
   • Evaluate whether the processing is necessary for the intended purpose.
   • Assess the proportionality of the processing in relation to its purpose.
3. Risk Assessment:
   • Identify potential risks to the data subjects’ rights and freedoms.
   • Evaluate the likelihood and severity of these risks.
4. Mitigation Strategies:
   • Develop measures to address and mitigate identified risks.
   • Implement privacy-enhancing measures.

In addition it is recommended that input is sought from relevant stakeholders, including data subjects, data protection compliance organisation (DPCO) and, where applicable, data protection authorities while a record of the DPIA process, findings, and decisions is maintained.

Data Privacy Impact Assessment Policy:

The Data Privacy Impact Assessment Policy is a set of guidelines and principles that govern the execution of DPIAs within an organization. This policy is an offshoot of the DPIA as it outlines the procedures, responsibilities, and standards that employees must follow when conducting a DPIA. It serves as a framework to ensure consistency and transparency in the DPIA process across the organization.

The following may constitute a Data Privacy Impact Assessment Policy:

1. Scope and Applicability:
   • Clearly define the circumstances under which a DPIA is required.
2. Roles and Responsibilities:
   • Specify the roles of individuals involved in the DPIA process.
   • Define responsibilities for various stakeholders, including data protection officers and project managers.
3. DPIA Process:
   • Detail the steps to be followed during a DPIA.
   • Provide guidance on the documentation and reporting of DPIA outcomes.
4. Training and Awareness:
   • Ensure that employees receive adequate training on DPIA processes and principles.
   • Promote awareness of the importance of privacy within the organization.
5. Review and Update:
   • Establish a periodic review process for the DPIA policy to ensure its relevance and effectiveness.

Conclusion:

In conclusion, the implementation of a Data Privacy Impact Assessment is a crucial aspect of any organization’s data protection strategy. By systematically evaluating and mitigating privacy risks, organizations can enhance their commitment to safeguarding personal information. The accompanying Data Privacy Impact Assessment Policy provides the necessary framework for consistent and effective application of DPIAs across various projects and processes. Together, these elements contribute to a comprehensive approach to data privacy that aligns with regulatory requirements and promotes trust among stakeholders.

At Taxaide Technologies Limited, our team comprises seasoned professionals dedicated to delivering the requisite expertise and professionalism essential for the execution of your Data Privacy Impact Assessment (DPIA). Our commitment extends beyond mere compliance with legal standards; we strive to tailor the assessment to mirror your organization’s unwavering dedication to the preservation and safeguarding of privacy.Top of Form

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[1] Article 5.2 of the Nigeria Data Protection Regulation 2019: Implementation Framework [2020]

[2] 28(4) of the Nigeria Data Protection Act 2023