Data Protection Impact Assessment (DPIA), i.e. the assessment of the risk associated with processing of personal data should be a process designed to record personal data processing instances, assess the necessity of processing and to help manage the risks related to the rights and freedoms of individuals related to processing of their personal data. In other words, DPIA is the process of building and demonstrating privacy rules compliance.
DPIA reports are important accountability tools as they help data controllers not only be compliant with the GDPR requirements, but also prove that appropriate measures have been taken to ensure compliance.
In other words, DPIA is the process of building and demonstrating GDPR compliance but it can be used to assess the risk of processing personal data for other regulatory domains as well (CCPA in California, PIPEDA in Canada etc.). Organizations in any regulatory domain should implement risk assessment process to control and mitigate risk related to processing of personal data.
The PrivacyRun system supports the DPIA risk assessment of personal data processing, in accordance with both the simplified and the full process. In the simplified mode, the system will perform majority of the tasks automatically. When choosing the expert method, a comprehensive set of questions and surveys will help the DPO perform the impact assessment.
PrivacyRun DPIA helps DPO:
- describe the nature, scope, context and purposes of the personal data processing;
- assess necessity, proportionality and compliance measures;
- identify and assess risks to individuals; and
- identify any additional measures to mitigate those risks.
To assess the level of risk, you must consider both the likelihood and the severity of any impact on individuals. The system supports risk assessment in seven main stages of the DPIA process:
- General information;
- Involved sites;
- Reliability and transparency;
- Rights management of individuals;
- Purpose limitation;
- Proportionality, data minimization and storage limitation;
- Information Safety.
High risk could result from either a high probability of some harm, or a lower possibility of serious harm. You should consult your DPO and, where appropriate, individuals and relevant experts. If you identify a high risk that you cannot mitigate, you must consult the DPO before starting the processing.
The California Consumer Privacy Act (CCPA) gives California consumers the right to institute civil action for statutory damages, Cal. Civ. Code § 1798.150(a)(1), and to recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.” Id. § 1798.150(a)(1)(A).
The CCPA allows a civil action only for breaches involving the nonencrypted or nonredacted personal information of California consumers Id. § 1798.150 (a) (1).
Prior to initiating any action against a business for statutory damages would-be plaintiffs has to provides the business with 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated.
In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. Id. § 1798.150 (b).
The regulation does not specify the meaning of “cure”. This statement will probably require additional clarification from the California Attorney General.
Privacy run implements a complete workflow allowing incident registration
PrivacyRun provides a tool for a comprehensive personal data breach incident management. It implements a complete workflow allowing incident registration, analysis and processing of customer and Attorney General Notifications.
The system helps minimizing the risk of civil action by promptly handling all incident notices from consumers.
It allows businesses register notices received in any form (email, fax etc.), automatically generate template based responses and required notifications and starting process of mitigating the breach. The system tracks all deadlines and notifies operators along the process to avoid missing the deadlines required by law.
Makeitright, provider of PrivacyRun solution and Syllab Systems specializing in Cryptography-as-a-Service signed a partnership agreement. The new partnership will allow both companies to offer Data Governance, DSAR, Privacy Protection and CCPA and GDPR compliance to clients within the US and the EU.
Together PrivacyRun and SylLab API expand the solution privacy compliance to HIPAA Privacy Rule.
Syllab Systems and Makeitright
Makeitright, a member of ProService Finteco Group and OakTree Capital Management portfolio company, builds automated IT solutions for banking and insurance market leaders. Makeitright provides IT professional services and develops applications to support business and compliance processes for banks, insurance companies and the financial market. The company specializes in Test Automation (TA) and Robotic Process Automation (RPA) helping clients achieve digital transformation, streamlines business processes, and increases operational efficiency.
The SylLab Systems Company was established in San Francisco, CA. The company was founded by cryptography and privacy enthusiasts. SylLab Systems is providing Cryptography-as-a-Service (CaaS) for organizations to secure sensitive information. Privacy compliance and cryptography are expensive and difficult to implement, and many organizations get it wrong. Changes in the architecture, lawyers, and consultants are a significant expenditure when facing privacy regulations (HIPAA, GDPR, PDPA, CCPA). The highly usable SylLab API offloads the burden of implementing cryptography and compliance.