high-risk data processing

A core concept from the EU's General Data Protection Regulation (GDPR), Article 35, it refers to any processing operation likely to result in a high risk to the rights and freedoms of individuals. It acts as a legal trigger, mandating a Data Protection Impact Assessment (DPIA) before processing begins. The European Data Protection Board (EDPB) provides criteria to identify such processing, including large-scale processing of sensitive data, systematic monitoring of public areas, or automated decision-making with legal effects. It is a cornerstone of the risk-based approach, ensuring potential harms are identified and mitigated upfront.

Application involves three key steps: 1. Screening & Identification: Integrate a screening questionnaire based on GDPR Article 35 criteria into project initiation processes to flag potential high-risk activities early. 2. Conducting a DPIA: If an activity is flagged, a formal DPIA is initiated, following standards like ISO/IEC 29134, to systematically assess necessity, proportionality, and risks. 3. Risk Mitigation & Integration: Based on DPIA findings, implement technical and organizational measures (e.g., pseudonymization, enhanced security). A tech firm launching a biometric feature used this process to identify and mitigate data breach risks, achieving a 100% pass rate in pre-launch compliance audits.

Taiwan enterprises face three main challenges: 1. Regulatory Ambiguity: Taiwan's Personal Data Protection Act (PDPA) does not explicitly mandate DPIAs, leading to a lack of legal impetus. 2. Resource Constraints: SMEs often lack dedicated legal or cybersecurity experts to conduct a thorough DPIA. 3. Siloed Operations: Effective DPIAs require cross-functional collaboration (legal, IT, business), which is often difficult in traditionally siloed organizations. To overcome this, enterprises should proactively adopt GDPR and ISO/IEC 29134 as best practices, engage external consultants for expertise, and establish a cross-functional privacy committee sponsored by senior management to ensure accountability.

Winners Consulting specializes in high-risk data processing for Taiwan enterprises, delivering compliant management systems within 90 days. Free consultation: https://winners.com.tw/contact