35 GDPR – Data protection impact assessment, Art. 89 GDPR – Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Art. 94 GDPR – Repeal of Directive 95/46/EC, Art. 31 GDPR – Cooperation with the supervisory authority, Art. 83 (4) lit a => Dossier: Personal Data Breach 1. 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 high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. Article 35 (3) lists three examples of types of processing that automatically requires a DPIA, and the ICO has published a list under Article 35 (4) setting out ten more. 10. 48 GDPR – Transfers or disclosures not authorised by Union law, Art. Here is the relevant paragraph to article 35 GDPR: 7.2.5 Privacy impact assessment. 46 GDPR – Transfers subject to appropriate safeguards, Art. GDPR Article 35(7) mandates that a Data Protection Impact Assessment specifies the purposes of processing and a systematic description of the envisioned processing. 11 GDPR – Processing which does not require identification, Art. 8. A Article 35(1) GDPR‎ (1 P) Article 35(2) GDPR‎ (empty) A single assessment may address a set of similar processing operations that present similar high risks. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment. 37 GDPR – Designation of the data protection officer, Art. 45 GDPR – Transfers on the basis of an adequacy decision, Art. 14 GDPR – Information to be provided where personal data have not been obtained from the data subject, Art. 49 GDPR – Derogations for specific situations, Art. The supervisory authority shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1. 98 GDPR – Review of other Union legal acts on data protection, Art. 79 GDPR – Right to an effective judicial remedy against a controller or processor, Art. Article 35 of the General Data Protection Regulation (GDPR) states that a Data Protection Impact Assessment (DPIA) is required when the “processing of data is likely to result in a high risk to the rights and freedoms of natural persons.” DPIAs can help an organization to assess privacy risks with the processing of data. It adopts guidelines for complying with the requirements of the GDPR. 38 GDPR - Position of the data protection officer. All Rights Reserved. 44 GDPR – General principle for transfers, Art. It also includes some practical suggestions for keeping organizations' personal data secure. There are various ways to achieve this goal – whether through a simple spreadsheet or a dedicated data mapping program – and the extent or limit of your data mapping will depend on your business. GDPR.eu is co-funded by the Horizon 2020 Framework Programme of the European Union and operated by Proton Technologies AG. Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations. ... Chapter 7 sets out how supervisory authorities and other legal bodies cooperate to maintain high standards of GDPR compliance. The supervisory authority may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. 4. 91 GDPR – Existing data protection rules of churches and religious associations, Art. However, most data maps should include the following information: Data map… Legal Text [edit | edit source]. PII processing generates risks for PII principals. a systematic monitoring of a publicly accessible area on a large scale. GDPR Article 35; GDPR Article 36; GDPR Article 37; GDPR Article 38; GDPR Article 39; GDPR Article 40; GDPR Article 41; GDPR Article 42; GDPR Article 43; Chapter 5 (Art. 38 GDPR – Position of the data protection officer, Art. Data Processing Agreement GDPR.org is a resource for information on the General Data Protection Regulation. 34 GDPR – Communication of a personal data breach to the data subject, Art. 9 GDPR – Processing of special categories of personal data, Art. A single assessment may address a set of similar processing operations that present similar high risks. Control. 44 – 50) GDPR Article 44; GDPR Article 45; GDPR Article 46; GDPR Article 47; GDPR Article 48; GDPR Article 49; GDPR Article 50; Chapter 6 (Art. © 2020 Proton Technologies AG. It is also a site to encourage data privacy best practice and transparency. 87 GDPR – Processing of the national identification number, Art. Public list of data processing operations requiring a DPIA (Article 35(4) GDPR) GDPR empowers the … EU General Data Protection Regulation (EU GDPR) Article 35 Data protection impact assessment. 50 GDPR – International cooperation for the protection of personal data, Art. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment. GDPR.EU is a website operated by Proton Technologies AG, which is co-funded by Project REP-791727-1 of the Horizon 2020 Framework Programme of the European Union. The supervisory authority may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. 1. This is the English version printed on April 6, 2016 before final adoption. 1. 2. Prior to the adoption of the lists referred to in paragraphs 4 and 5, the competent supervisory authority shall apply the consistency mechanism referred to in. Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations. 15 GDPR – Right of access by the data subject, Art. 41 GDPR – Monitoring of approved codes of conduct, Art. This article provides a short introduction to Article 32 of the General Data Protection Regulation (GDPR), the latest EU regulation which deals with the security of Personal Data Processing. 92 GDPR – Exercise of the delegation, Art. (92) Broader data protection impact assessment They will come into affect on May 25th 2018. 17 GDPR – Right to erasure (‘right to be forgotten’), Art. 18 GDPR – Right to restriction of processing, Art. GDPR - The General Data Protection Regulation is a series of laws that were approved by the EU Parliament in 2016. 3. Compliance with approved codes of conduct referred to in. 86 GDPR – Processing and public access to official documents, Art. Article 60: Cooperation Between the Lead Supervisory Authority and the Other Supervisory Authorities Concerned. 54 GDPR – Rules on the establishment of the supervisory authority, Art. (d) 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 this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned. 39 GDPR - Tasks of the data protection officer, Art. Here you can find all decisions that relate to Article 35 GDPR. 10 GDPR – Processing of personal data relating to criminal convictions and offences, Art. 13 GDPR – Information to be provided where personal data are collected from the data subject, Art. Article 35 - Data protection impact assessment; Article 36 - Prior consultation; Section 4 Data protection officer. (90) Data protection impact assessement The GDPR: Applies to any data processing that takes place in the EU (no matter … Where processing pursuant to point (c) or (e) of Article 6(1) has a legal basis in Union law or in the law of the Member State to which the controller is subject, that law regulates the specific processing operation or set of operations in question, and a data protection impact assessment has already been carried out as part of a general impact assessment in the context of the adoption of that legal basis, paragraphs 1 to 7 shall not apply unless Member States deem it to be necessary to carry out such an assessment prior to processing activities. The site is administered by PrivacyTrust. Version Beta 0.6, Copyright © 2018 All rights reserved to PrivacyTrust, Article 5: Principles relating to processing of personal data, Article 8 : Conditions applicable to child's consent in relation to information society services, Article 9: Processing of special categories of personal data, Article 10: Processing of personal data relating to criminal convictions and offences, Article 11: Processing which does not require identification, Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject, Section 2 : Information and access to personal data, Article 13: Information to be provided where personal data are collected from the data subject, Article 14: Information to be provided where personal data have not been obtained from the data subject, Article 15: Right of access by the data subject, Article 17 : Right to erasure (right to be forgotten), Article 18 : Right to restriction of processing, Article 19 : Notification obligation regarding rectification or erasure of personal data or restriction of processing, Section 4 : Right to object and automated individual decision-making, Article 22 : Automated individual decision-making, including profiling, Article 24 : Responsibility of the controller, Article 25 : Data protection by design and by default, Article 27 : Representatives of controllers or processors not established in the Union, Article 29 : Processing under the authority of the controller or processor, Article 30 : Records of processing activities, Article 31 : Cooperation with the supervisory authority, Article 33 : Notification of a personal data breach to the supervisory authority, Article 34 : Communication of a personal data breach to the data subject, Section 3 : Data protection impact assessment and prior consultation, Article 35 - Data protection impact assessment, Article 37 Designation of the data protection officer, Article 38 - Position of the data protection officer, Article 39 - Tasks of the data protection officer, Section 5 Codes of conduct and certification, Article 41 - Monitoring of approved codes of conduct, Article 44 - General principle for transfers, Article 45 - Transfers on the basis of an adequacy decision, Article 46 - Transfers subject to appropriate safeguards, Article 48 Transfers or disclosures not authorised by Union law, Article 49 - Derogations for specific situations, Article 50 - International cooperation for the protection of personal data, Article 53 General conditions for the members of the supervisory authority, Article 54 Rules on the establishment of the supervisory authority, Article 56 Competence of the lead supervisory authority, Article 60 Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62 Joint operations of supervisory authorities, Article 65 Dispute resolution by the Board, Section 3 European data protection board, Article 68 European Data Protection Board, Article 77 Right to lodge a complaint with a supervisory authority, Article 78 Right to an effective judicial remedy against a supervisory authority, Article 79 Right to an effective judicial remedy against a controller or processor, Article 80 Representation of data subjects, Article 82 Right to compensation and liability, Article 83 General conditions for imposing administrative fines, Article 85 Processing and freedom of expression and information, Article 86 Processing and public access to official documents, Article 87 Processing of the national identification number, Article 88 Processing in the context of employment, Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91 Existing data protection rules of churches and religious associations, Article 95 Relationship with Directive 2002/58/EC, Article 96 Relationship with previously concluded Agreements, Article 98 Review of other Union legal acts on data protection, Article 99 Entry into force and application. Article 35 - Data protection impact assessment. Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations. Article 35, Data protection impact assessment, is the first Article in Section 3, Data protection impact assessment and prior consultation. A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of: (a) a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person; (b) processing on a large scale of special categories of data referred to in Article 9(1), or of personal data relating to criminal convictions and offences referred to in Article 10; or. 9. The full text of GDPR Article 35: Data protection impact assessment from the EU General Data Protection Regulation (adopted in May 2016 with an enforcement data of May 25, 2018) is below. 95 GDPR – Relationship with Directive 2002/58/EC, Art. 78 GDPR – Right to an effective judicial remedy against a supervisory authority, Art. Territorial Scope. 22 GDPR – Automated individual decision-making, including profiling, Art. This is not an official EU Commission or Government resource. The aim of the European legislator here is - as well as keeping an internal record of the processing activities - see Article 30 – to replace the general obligation of prior notification of the processing by effective mechanisms targeting processing likely to present specific risks to … 68 GDPR – European Data Protection Board, Art. Art. Data mapping is a system of cataloguing what data you collect, how it’s used, where it’s stored, and how it travels throughout your organization and beyond. 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Art. (93) Data protection impact assessment at authorities. (c) a systematic monitoring of a publicly accessible area on a large scale. 24 GDPR – Responsibility of the controller, Art. The supervisory authority shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph 1. The assessment shall contain at least: (a) a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller; (b) an assessment of the necessity and proportionality of the processing operations in relation to the purposes; (c) an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and. 8 GDPR – Conditions applicable to child’s consent in relation to information society services, Art. 68 GDPR - European Data Protection Board, Art. 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 high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. 82 GDPR – Right to compensation and liability, Art. The supervisory authority shall communicate those lists to the Board. 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 this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned. 99 GDPR – Entry into force and application, Art. Where processing pursuant to point (c) or (e) of. Prior to the adoption of the lists referred to in paragraphs 4 and 5, the competent supervisory authority shall apply the consistency mechanism referred to in Article 63 where such lists involve processing activities which are related to the offering of goods or services to data subjects or to the monitoring of their behaviour in several Member States, or may substantially affect the free movement of personal data within the Union. 1 GDPR – Subject-matter and objectives, Art. 39 GDPR – Tasks of the data protection officer, Art. Privacy Policy. 6. The requirements for Article 30 are likely to apply to most companies because of Article 30’s broad applicability. A data protection impact assessment referred to in paragraph 1 shall in particular be required in the … 25 GDPR – Data protection by design and by default, Art. Here is the relevant paragraph to article 35(9) GDPR: 5.2.2 Understanding the needs and expectations of interested parties. The organization should assess the need for, and implement where appropriate, a privacy impact assessment whenever new processing of PII or changes to existing processing of PII is planned. As outlined in Article 35, the GDPR requires DPIAs to contain the following elements: A systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller The supervisory authority shall communicate those lists to the Board referred to in Article 68. 56 GDPR – Competence of the lead supervisory authority, Art. The GDPR is a wide-ranging European privacy law, governing and protecting the data of people living in the EU. 77 GDPR – Right to lodge a complaint with a supervisory authority, Art. 83 GDPR – General conditions for imposing administrative fines, Art. 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