FDPA Part 3 - Chapter 4 - § 67
Conducting a data protection impact assessment
- Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a substantial risk to the legally protected interests of data subjects, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the data subjects.
- A joint assessment may address a set of similar processing operations that present similar substantial risks.
- The controller shall involve the Federal Commissioner in carrying out the impact assessment.
- The impact assessment shall take the rights of the data subjects affected by the processing into account and shall contain at least the following:
- a systematic description of the envisaged processing operations and the purposes of the processing;
- an assessment of the necessity and proportionality of the processing operations in relation to their purposes;
- an assessment of the risks to the legally protected interests of the data subjects; and
- the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with the law.
- Where necessary, the controller shall carry out a review to assess whether processing is performed in accordance with the data protection impact assessment.