This document serves as a comprehensive guide for managing risks to the rights and freedoms of data subjects, applicable to any data processing operation regardless of its risk level. It provides essential guidelines for conducting a Data Protection Impact Assessment (DPIA) in high-risk processing scenarios and includes instructions for the prior consultation process as specified in Article 36 of the GDPR. This guide represents an update and unification of the previous guides released over three years ago by the AEPD: the “Practical Guide for Risk Analysis for the Processing of Personal Data” and the “Practical Guide for Impact Assessments on Personal Data Protection.”
The primary goal of the guide is to integrate lessons learned from applying risk management in data protection, alongside new criteria and interpretations from the AEPD, the European Data Protection Board (EDPB), and the European Data Protection Supervisor (EDPS). By building on accumulated experience, the guide seeks to enhance resources that aid compliance by data controllers, offering a consolidated perspective on risk management and DPIA processes. This approach aims to provide clearer guidance to organizations in managing data protection risks effectively.
In addition to improving compliance materials, this document is designed to facilitate the integration of risk management practices for rights and freedoms into the broader management and governance processes of organizations. By aligning these practices with GDPR compliance requirements, the guide helps entities incorporate data protection into their overall operational strategies. This alignment ensures that data protection considerations are systematically addressed in organizational decision-making processes.
The guide is structured into three main sections, each divided into chapters. The first section describes the fundamentals of risk management for protecting rights and freedoms. The second section offers a basic methodological framework for applying risk management principles in this context. The final section focuses on scenarios requiring a Data Protection Impact Assessment, providing specific methodological guidelines for conducting such assessments. This document is primarily intended for Controllers, Processors, and Data Protection Officers (DPOs), offering them valuable insights and practical tools for managing data protection risks effectively.
