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PrivacyImpactAssessment

When is DPIA mandatory?

When data processing involves high risk (e.g., biometrics, genetics, large-scale monitoring, profiling).

Who should conduct the DPIA?

The obligation lies with the Controller, but involving a DPO or external expert is highly recommended.

What if the DPIA shows high risk?

If the risk cannot be mitigated, the company must consult with the Personal Data Protection Service before processing begins.

Is DPIA needed for existing systems?

Yes, if the existing system has changed or if no assessment was previously conducted for a high-risk process.

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Data Protection Impact Assessment (DPIA) Services

When a company plans to introduce new technology (e.g., facial recognition, GPS monitoring, large-scale data processing) that poses a high risk to data subjects' rights, the Law of Georgia "On Personal Data Protection" (Article 23) mandates conducting a Data Protection Impact Assessment (DPIA). This is not an optional procedure; it is a mandatory legal document evaluating risks and defining mitigation measures. Starting high-risk processing without a DPIA is a violation of the law, leading to substantial fines and forced suspension of the process.

Our service offers professional assistance in conducting DPIA. Our experts (lawyers and IT specialists) provide:

  • Need Assessment: Evaluating whether a specific project requires a DPIA (e.g., whether office CCTV requires it).
  • Systematic Description: Detailed description of the processing activity—what data, for what purpose, and by what means it is processed.
  • Necessity and Proportionality Assessment: Legal analysis of whether the chosen method is necessary to achieve the goal (or if a less intrusive way exists).
  • Risk Assessment: Identifying threats to subject rights (e.g., data leaks, discrimination).
  • Measure Definition: Recommendations on technical and organizational measures (e.g., encryption, pseudonymization) to mitigate risks.
  • Consultation with the Inspector: Managing the consultation process with the Personal Data Protection Service if risks remain high.

Practical example: A school wants to implement a fingerprint access system. This is biometric data (high risk). A DPIA might show that card access is less risky and achieves the same goal. If the school implements fingerprinting without a DPIA and proper justification, it will be fined. Another example: A bank uses AI for credit scoring (profiling). A DPIA is mandatory to rule out algorithmic discrimination.

The legal regulation is based on the Law of Georgia on Personal Data Protection. The law defines criteria for when a DPIA is mandatory (new technologies, large-scale processing, special category data). DPIA must be conducted before processing begins.

Collaborating with a lawyer reduces the risk of project failure. Organizations often spend money on expensive systems they cannot use due to non-compliance. A DPIA is your insurance that the investment is legal and sustainable.

Legal.ge offers certified experts to conduct DPIA. Innovate boldly and legally with our help.

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