If in any doubt, we would always recommend that you do a DPIA to ensure compliance and encourage best practice. If your intended processing is not described under UK GDPR, Article 35(3) the ICO list or European guidelines then ultimately, it’s up to you to decide whether your processing is of a type likely to result in high risk, taking into account the nature, scope, context and purposes of the processing. This does not mean that these types of processing are always high risk, or are always likely to cause harm – just that there is a reasonable chance they may be high risk and so a DPIA is required to assess the level of risk in more detail. There are also European guidelines with some criteria to help you identify other likely high risk processing. Instead, the question is a more high-level screening test: are there features which point to the potential for high risk? You are screening for any red flags which indicate that you need to do a DPIA to look at the risk (including the likelihood and severity of potential harm) in more detail.Īrticle 35(3) lists three examples of types of processing that automatically requires a DPIA, and the ICO has published a list under Article 35(4) setting out ten more. However, the important point here is not whether the processing is actually high risk or likely to result in harm – that is the job of the DPIA itself to assess in detail. The UK GDPR doesn’t define ‘likely to result in high risk’. What does ‘likely to result in a high risk’ mean? However, the question for these initial screening purposes is whether the processing is of a type likely to result in a high risk. Assessing the likelihood of risk in that sense is part of the job of a DPIA. ‘High risk’ implies a higher threshold, either because the harm is more likely, or because the potential harm is more severe, or a combination of the two. ‘Risk’ implies a more than remote chance of some harm. To assess whether something is ‘high risk’, the UK GDPR is clear that you need to consider both the likelihood and severity of any potential harm to individuals. See What is a DPIA? for more information on the nature of the risk. Risk in this context is about the potential for any significant physical, material or non-material harm to individuals. A single assessment may address a set of similar processing operations that present similar high risks.” What does ‘high risk’ mean? “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. What does ‘vulnerable individual’ mean?Īrticle 35(1) says that you must do a DPIA where a type of processing is likely to result in a high risk to the rights and freedoms of individuals:.What does ‘systematic and extensive’ mean?.What does ‘innovative technologies’ mean?.What does the ICO consider likely to result in high risk?.What other factors might indicate likely high risk?.What types of processing automatically require a DPIA?.What does ‘likely to result in a high risk’ mean?.
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