The original Data Protection Directive contained sections that strengthened accountability. These included data quality compliance and data protection implementation. However, these are not enough given all of the existing threats. The EU moved to pass the General Data Protection Regulation to tighten the law with specific rules on accountability.
GDPR accountability provisions encompass the pursuit of a risk-based strategy, the performance of impact assessments for data protection, and the appointment of a Data Protection Officer when necessary.
Ensure compliance with GDPR and prove adherence to the Data Protection Impact Assessment (DPIA).
It also directs companies to study their current policies and processes related to data. This is to find holes and come up with the appropriate measures to close them. The senior management is responsible for knowing the requirements and ensuring the creation of a fully compliant program. In cases where it is called for, a Data Protection Officer must be appointed to lead the program. Learn more about the GDPR audit requirements, risk-based approach, and the data protection impact assessments through the discussions below.
The GDPR is different from similar efforts in the past as it brings a risk-based approach to the fore. It works by studying the risks through data processing and implementing a suitable response. The factors to consider include the purpose, context, scope, and nature of the processing, as well as the possible risks to the rights of the affected individuals. For high-risk processes, there might be an obligation to notify about breaches, to conduct prior consultations with authorities, and to conduct data protection impact assessment.
Data Protection Impact Assessments
Processes that could pose a high risk to people’s rights call for advance impact assessment. This is especially true for cases involving new technology. Examples of these processes are automated profiling with legal ramifications and sorting according to criminal convictions. The designated Data Protection Officer can provide inputs regarding the assessment.