Avoiding ‘Death by DPIA’: A smarter approach to compliance

Data Protection Impact Assessments (DPIAs) are a crucial element of privacy compliance, particularly under data protection laws. They help organisations assess and mitigate risks to individuals’ rights and freedoms when processing personal data. However, the growing reliance on DPIAs for almost every data-related project or integration has resulted in inefficiencies and frustration. Privacy teams are increasingly overwhelmed by the sheer volume of assessments, leading to what some might call “death by DPIA”. The solution is not to abandon DPIAs but to strategically reduce their necessity while maintaining compliance and mitigating risk.

Privacy teams must first determine when a DPIA is genuinely required. Data Protection laws, clearly, set out clear criteria, such as large-scale processing, systematic monitoring, or handling of special category data. The challenge lies in interpreting these broad definitions. Many organisations err on the side of caution and conduct DPIAs unnecessarily, straining resources. By establishing a robust DPIA screening process, privacy teams can filter out low-risk activities early. A short pre-assessment questionnaire evaluating factors such as data type, processing scale, and potential impact on individuals can significantly reduce unnecessary assessments, ensuring that only high-risk activities undergo a full DPIA.

Embedding privacy by design into business processes is another effective way to minimise the need for DPIAs. When privacy considerations are integrated from the outset, many risks can be mitigated without requiring a formal impact assessment. For example, implementing data minimisation, strong encryption, and access controls can reduce risk factors that would otherwise trigger a DPIA. Privacy teams should work closely with product managers, developers, and other stakeholders to ensure privacy is embedded at every stage of a project. This proactive approach not only reduces the need for assessments but also strengthens compliance and trust.

Reusing or adapting existing DPIAs can also ease the burden. If a similar assessment has already been conducted for a comparable system or process, privacy teams can leverage those findings rather than starting from scratch. This requires maintaining a well-organised repository of completed DPIAs to serve as references for future projects. This approach is particularly useful for organisations that frequently implement similar tools or systems, such as HR platforms or marketing software.

A risk-based approach to privacy governance can streamline DPIA processes further. Not all processing activities carry the same level of risk, and policies should reflect this reality. Low-risk activities may require only basic documentation, while medium-risk activities could warrant a targeted assessment without the need for a full DPIA. High-risk activities, which genuinely threaten individuals’ rights and freedoms, should be the focus of detailed impact assessments. By categorising activities in this way, privacy teams can allocate their resources more effectively and avoid unnecessary workloads.

Stakeholder education is key to reducing unnecessary DPIAs. Teams outside the privacy function, such as IT, HR, and product development, often misunderstand the purpose of DPIAs and may escalate requests that are unwarranted. Privacy teams should invest time in educating stakeholders on the triggers for DPIAs and how to design processes that mitigate risk. This not only reduces the volume of unnecessary requests but also fosters a culture of accountability and collaboration across the organisation.

Automation can also play a crucial role in easing the burden of DPIAs. Privacy management tools such as OneTrust or TrustArc can automate parts of the DPIA process, including generating reports, tracking approvals, and maintaining audit trails. By streamlining these administrative tasks, privacy teams can focus on higher-value activities such as risk mitigation and strategic guidance.

Engaging privacy teams earlier in the project lifecycle is another way to reduce the need for DPIAs. By providing input during the idea or design phase, privacy professionals can suggest alternative approaches that avoid high-risk processing altogether. For example, anonymising data or limiting data collection can eliminate the need for a DPIA while still achieving business objectives. This “shift-left” approach ensures privacy is a fundamental consideration from the outset, reducing risks and improving efficiency.

DPIAs are a valuable tool for demonstrating accountability and building trust, but they should be used strategically. Over-reliance on DPIAs for every data processing activity dilutes their effectiveness and exhausts privacy teams. By focusing on risk-based prioritisation, embedding privacy by design, reusing assessments, and educating stakeholders, organisations can reduce the need for DPIAs without compromising compliance. This approach allows privacy teams to work smarter, not harder, ensuring DPIAs remain an effective mechanism for protecting personal data and upholding individuals’ rights.

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