Where data processing operations are likely to result in a high risk to the rights and
freedoms of natural persons, the data controller shall carry out a data protection
impact assessment before starting the data processing. Under Article 35 (4) of
regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter
‘the GDPR’), the National Authority for Data Protection and Freedom of Information
(hereinafter ‘the NAIH’) established a list of the kind of processing operations which
are subject to the requirement for a data protection impact assessment, and makes it
The NAIH calls the attention of data controllers to the fact that it is their general
obligation to assess and appropriately manage to mitigate the data protection risks of
their data processing operations even beyond those included in the list. Carrying out
a DPIA does not exempt the controller from the obligation to comply with other
obligations of the GDPR or other obligations contained in sector-
legislation. The list below is by no means exhaustive: carrying out a DPIA shall
always be required as soon as the conditions stipulated in Article 35 (1) of the GDPR
have been met. Beyond the mandatory cases provided in Article 35 (1) and (3) of the
GDPR—taking also into account the exceptions under Article 35 (10) of the GDPR—
data controllers shall carry out a data protection impact assessment in the following
cases of data processing:
1) Where the processing of biometric data for the purpose of uniquely identifying
a natural person refers to systematic monitoring.
2) Where the processing of biometric data for the purpose of uniquely identifying
a natural person concerns vulnerable data subject, in
particular, concerning children, employees, and mentally ill people.
3) Where the processing of genetic data is carried out in connection with
sensitive data or data of a highly personal nature.
4) The purpose of the processing of genetic data is to evaluate or score of a
natural person. 1
5) Scoring. The purpose of data processing is to assess certain characteristics
of the data subject, and its result has an effect on the quality or the provision
of the service provided and to be provided to the data subject.
6) Credit rating. The purpose of data processing is to assess the creditability of
the data subject by way of evaluating personal data in large scale or
7) Solvency rating. The purpose of data processing is to assess the solvency of
the data subject by way of evaluating personal data in large scale or
8) Further use of data collected from third persons. The purpose of data
processing is the use of personal data collected from third persons in the
decision to refuse or cancel a service to the data subject.
9) The use of the personal data of pupils and students for assessment. The
purpose of data processing—regardless of whether tuition is at primary,
secondary or advanced level—is to record and examine the preparedness,
achievement, aptitude, and mental state of pupils and students, and the data
processing is not statutory.
10)Profiling. The purpose of data processing is profiling by way of evaluating
personal data in large scale and systematically, especially when it is based on
the characteristics of the workplace performance, financial status, health
condition, personal preferences or interests, trustworthiness or conduct,
residence or movement of the data subject.
12)Smart meters. The purpose of data processing is the application of ‘smart
meters’ set up by public utilities providers (the monitoring of consumption
13)Automated decision making producing legal effects or similarly
significant effects. The purpose of data processing is to make decisions with
legal effects or other significant effects on natural persons, which decisions
might result in the exclusion of or discrimination against individuals in certain
14)Systematic surveillance. Systematic and large scale surveillance of data
subjects in public areas or spaces by camera systems, drones or any other
new technology (wifi tracking, Bluetooth tracking or body cameras).
15)Location data. Where the processing of location data refers to systematic
monitoring or profiling.
16)Monitoring employee work. Where the purpose of data processing is the
systematic and extensive processing and assessment of employee’s personal
data in course of the monitoring of employee work, including, e.g. placing GPS
trackers in vehicles, and camera surveillance against theft or fraud.2
17)Processing of considerable amounts of special categories of personal
data. Under Recital (91) of the GDPR, processing of personal data should not
be considered to be on a large scale if the processing concerns personal data
from patients or clients by an individual physician, other health care
professional or lawyer.
18)The processing of considerable amounts of personal data for law
19)Processing of large amounts of data related to vulnerable data subjects for
purposes different from the original purpose, in the case of, e.g., the elderly,
children, and mentally ill persons.
20)The processing of the personal data of children for profiling, automated
decision making, marketing purposes or providing them information society
related services directly.
21)The use of new technologies for data processing. This includes the
processing of large amounts of data obtained via sensor-
(e.g. smart televisions, smart household appliances, smart toys, etc.) and
transferred through the Internet or other channels, and such devices providing
data on the characteristics of the financial status, health condition, personal
interests, trustworthiness or conduct, residence or movement of the natural
person, and such data form the basis of profiling.
22)The processing of health data. In respect of large amounts of special data
processed by hospitals, healthcare providers, and private medical services or
processing of health data collected from members of major sports
establishments or workout rooms.
23)When the data controller is planning to set up an application, tool, or
platform for use by an entire sector to process also special categories of
24) The purpose of data processing is to combine data from various sources for
matching and comparison purposes.
The supervisory authority shall be consulted previously on the result of data
protection impact assessment if the data controller—having assessed the risks to
the rights and freedoms of data subjects—is unable to bring appropriate
measures for reducing risks to an acceptable level, i.e. the residual risks are still
Data controllers shall continuously assess the risks arising from their data
processing activities in order to recognize when a type of data processing is ‘likely
to result in a high risk to the rights and freedoms of natural persons’. The data
protection impact assessment is to be a process especially when the data
processing operation is dynamic and changes constantly. The data protection
impact assessment shall be carried on a necessary basis continuously.
See the Working Party 29 Guidelines WP248 criteria system’s 1st point
See the Working Party 29 Guidelines WP248 criteria system’s 1st and 3rd points