Data Protection Impact Assessments
Methodological framework for conducting Data Protection Impact Assessments (DPIA) under Law 21.719, establishing activation criteria, analysis procedures, and prior consultation mechanisms with the Agency.
Data Protection Impact Assessment
Mandatory when processing poses high risk to rights and freedoms. Privacy by design tool that identifies, analyzes, and mitigates risks before implementation.
Mandatory DPIA Scenarios
Systematic and Comprehensive Evaluation
- Automated profiling
- Scoring systems and automated decisions
- Predictive behavior analysis
Large-Scale Sensitive Data
- Massive health data processing
- Biometric data for identification
- Sexual orientation information
Systematic Observation
- Video surveillance in public spaces
- Continuous geolocation
- Online behavior monitoring
Impact Assessment Phases
Systematic Processing Description
Comprehensive documentation of the nature, scope, context, and purposes of the projected processing, including involved technologies.
Key Elements
- Data categories and sources
- Technologies and algorithms used
- Data flows and recipients
Necessity and Proportionality Assessment
Analysis of the legitimate purpose of processing and proportionality of means employed regarding pursued objectives.
Proportionality Test
- Suitability of means
- Necessity (less intrusive alternatives)
- Proportionality stricto sensu
Risk Assessment
Systematic identification and analysis of risks to data subjects' rights and freedoms, considering probability and impact.
Risk Categories
- Unauthorized access or disclosure
- Unwanted modification
- Disappearance, destruction, or loss
Mitigation Measures
Design and implementation of technical and organizational safeguards to reduce identified risks to acceptable levels.
Types of Measures
- Technical: encryption, pseudonymization
- Organizational: policies, training
- Legal: contracts, terms of use
Assessment Methodology and Tools
Effective DPIA requires structured methodologies and specialized tools that ensure comprehensive analysis and technically sound, legally robust results.
Data Flow Mapping
Visual representation of all personal data flows, from collection to deletion, identifying critical points and system interfaces.
Risk Matrix
Quantitative tool to assess probability and impact of each identified risk, enabling objective prioritization of mitigation measures.
Stakeholder Consultation
Structured consultation process with data subjects, technical experts, and representatives of relevant interest groups for the assessed processing.
Independent Validation
Review by external specialists to ensure objectivity, comprehensiveness, and technical quality of the conducted assessment.
Prior Consultation with the Agency
When DPIA identifies high risks that cannot be adequately mitigated, prior consultation with the Data Protection Agency is mandatory before starting processing.
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