5 Privacy Risk Assessments to Ensure Responsible Data Use

As your company grows, so do the risks of errors and missteps. Integrating new technologies across different teams and facets of your business brings countless opportunities, but the risk of privacy infringements rises, too. 

Take AI, for example: Last year, a security mistake at Microsoft exposed 38 terabytes of private data during a training material update. It was a five-alarm fire for the people responsible for overseeing such a vast trove of sensitive data. While they rectified the error, it showed the dangers that can occur when emerging technology and data privacy intersect with opportunity and risk.

Fortunately, data privacy assessments serve as a crucial line of defense, providing a systematic way to audit current practices, identify and manage risk, and mitigate any potential threats.

How Privacy Risk Assessments Help Mitigate Data Privacy Risks

Privacy assessments are a foundational part of data protection. These comprehensive processes scrutinize, evaluate, and offer opportunities to improve existing privacy practices. They are more than a compliance checklist—they are a proactive way to keep sensitive data secure.

Whether they are conducted voluntarily or to meet regulatory requirements, data privacy assessments always prioritize:

• Identifying existing risks: Assessments meticulously review how you handle data, from data flows and user access to how data is encrypted. Through detailed evaluations, these assessments uncover potential risks when implementing technology that could compromise the privacy of sensitive personal information.

• Ensuring compliance with government regulations: As the legal landscape around data protection undergoes rapid evolution, maintaining compliance isn’t merely advisable—it’s imperative. Examining your processes alongside regulatory frameworks prevents possible fines, legal challenges, or reputational damage in an ever-changing privacy landscape. 

• Auditing efficiency gaps: Compliance may be a need-to-have, but you can also find ways to improve effectiveness and operational processes by auditing your practices through regular privacy assessments.

• Spotlighting key areas to improve data practices: When left unchecked, privacy gaps can lead to data breaches. Assessments offer a clear roadmap for enhancing data protection by pinpointing specific areas that demand attention. 

The ultimate goal of privacy assessments is to implement preventive measures and fortify your defenses against potential threats, safeguarding sensitive personal information while reinforcing customer and stakeholder trust. Simply put, these assessments help organizations find their weak spots and make sure they are less likely to face data breaches.

The 5 Types of Assessments in Data Privacy

Each type of assessment focuses on different aspects of data privacy compliance. Your organization must know which one is best, based on regulatory requirements and your unique business circumstances. Once you've chosen the assessment that fits your needs, you can customize it based on your data types, processing risk, and data intent and usage. 

1. Privacy Impact Assessment (PIA)

A privacy impact assessment thoroughly analyzes how you gather, use, and maintain personal data. PIAs are the most common type of data privacy assessment, providing a sweeping review of potential issues in processing personal information.

PIAs focus on the nitty-gritty details of personal data, which keeps your organization compliant and ahead of any risks. While commonly used—and sometimes even required by data privacy regulations—they are also meant to be customized to your specific needs.

2. Transfer Impact Assessment (TIA)

A transfer impact assessment is conducted when transferring personal data from the EU to certain non-EU countries. TIAs ensure that any personal information transferred outside the EU remains protected under the GDPR. Organizations must confirm whether data protections change as a result of a transfer, which involves:

• Verifying data transfer tools
• Assessing the laws of the country where data is being transferred
• Adopting supplementary measures to protect data

3. Vendor Risk Assessment (VRA)

A vendor risk assessment evaluates the risks associated with the operations and products of third-party vendors. It ends with an overview of the potential impact on your organization. Simply put, it reinforces and extends your privacy standards to new business partners and providers.

VRAs are typically performed when onboarding new vendors or conducting periodic risk assessments on an existing vendor. These assessments are often led by a procurement team, usually involving privacy, legal, and security teams.

4. Enterprise Risk Assessment (ERA)

An enterprise risk assessment provides a detailed analysis of your organization's risks from the management level, either through an internal audit or enterprise risk management function. It covers a wide spectrum of risks impacting large enterprises to ensure the board and executive management can make the right decisions.

ERAs should cover every aspect of the business, including legal compliance, third-party vendors, and data privacy. This analysis ensures that each component is effectively protected against a variety of multifaceted threats, from non-compliance to internal and external data breaches.

5. Business Impact Assessment (BIA)

A business impact assessment proactively identifies the consequences of business disruptions. Its primary goal is to understand how disruptions affect your organization, rather than prescribe fixes for every scenario. Security teams usually conduct these assessments by looking at data importance and potential privacy concerns.

Why PIAs Reign Supreme in the Era of AI

AI is changing how organizations leverage data andhas lead to more automated decision-making, which is often explicitly called out by data privacy regulations. As these technologies rapidly evolve, their integration introduces new complexities and potential pitfalls. AI systems, designed to learn and adapt, sometimes lead to unintended consequences and privacy risks. 

Biased algorithms, data breaches, and mishandled personal data can easily occur, which could result in AI model deletion. Also known as algorithm disgorgement, this means that companies could have to delete their AI model and start over from scratch, which could be devastating depending on the organization. To avoid this potential outcome, companies should implement safeguards like assessments, especially PIAs.

In essence, PIAs are a linchpin for harnessing the power of AI without falling victim to unforeseen privacy risks. Beyond that, they provide a structured framework for responsible AI practices—making them an indispensable tool for organizations committed to ethical AI governance.

By performing a PIA for your AI model, you stay on top of emerging threats by:

• Assessing risk level: PIAs enable businesses to understand the level of risk that their AI model presents to current and future operations. That knowledge simplifies the process of developing and implementing strategies to mitigate AI-specific risks.
• Closing the responsibility gap: When AI systems cause harm or result in privacy breaches, knowing where responsibility lies is crucial. PIAs help organizations outline clear obligations and remedies in case of AI-related incidents, establishing accountability for a clear path to resolution.
• Handling sensitive data appropriately: As seen in the Microsoft error, sensitive personal information is at risk of being mishandled by AI systems. PIAs scrutinize these systems to maintain regulatory compliance and prevent unauthorized use of sensitive data. As a result, it becomes less likely that sensitive data enters into machine-learning models and easier to remove if a leak occurs.
• Managing consent rights: PIAs keep businesses compliant with GDPR best practices, especially regarding user consent. Users must be informed about how AI systems operate. Ensuring you gain their privacy consent is a significant step to maintaining transparency and staying prepared for stronger regulations.
• Ensuring data accuracy: With a PIA, businesses can verify the accuracy and origin source of data being used for AI models. Evaluating the data collection, validation, and cleansing processes minimizes the possibility of bias and inaccuracies.

Best Practices for Conducting PIAs That Minimize Gaps

The intersection of new technologies and data privacy is complex to navigate. Fortunately, incorporating clearly defined processes at every step makes managing the process easier.

Use the Four Ds Framework

The International Association of Privacy Professionals lays out this foundational framework for minimizing privacy concerns:

• Design: Clearly articulate the problem the system aims to solve. Ask critical questions like “Who will benefit?”, “Who is most at risk?”, and “Is this a better alternative?”
• Data: Scrutinize how data is collected, ensuring it is representative and not biased. Understand who is and isn't represented in the dataset to avoid potential biases in AI outcomes if you’re evaluating an AI model. Implement measures to detect and rectify biases for fair and equitable outcomes.
• Development: Determine minimum benchmarks for accuracy, recall, and precision. Continuously test the performance of the system you’re evaluating against these benchmarks to maintain a high standard. 
• Deployment: Provide information about the system's or project’s work, purpose, and privacy implications. Respect individuals’ privacy rights during deployment. Ensure the deployment process aligns with legal and ethical considerations, maintaining transparency and accountability.

Lean On Your Entire Organization

Completing the assessment is only half the process. Once you've run the PIA, you need to implement the results and keep your company informed. Simplify the language you use to define privacy practices to make them universally understandable rather than relying on technical jargon. Promoting transparency, accountability, and a steadfast commitment to privacy ultimately fosters a company of trust throughout your entire business.

Establishing forums of privacy champions within the organization can simplify how you educate teams on PIAs. A role and responsibilities matrix like RACI defines who is responsible, accountable, and consulted. That way, teams know what they are expected to do and how others help. This unified approach encourages teams to use PIAs and empowers them to integrate privacy considerations seamlessly into their day-to-day operations.

With a collaborative and organization-wide process, you can ensure that privacy is critical to every department’s workflow, thanks to effective PIA implementation.

Collaborate With Vendors

Your relationships with vendors present an opportunity to strengthen your data protection strategy. Embedding the same process that informs your assessments with external partners ensures alignment with privacy standards and obligations.

Clear and consistent communication channels are essential to communicate privacy requirements, expectations, and policy changes regularly. By actively monitoring vendor risk scores, policy shifts, and legal histories, organizations maintain a vigilant and proactive stance in safeguarding data privacy.

This collaborative and communicative approach extends the organization's commitment to privacy across its network, reinforcing a resilient and compliant data protection framework.

You Don’t Need to Conduct These Assessments On Your Own

As emerging tech like AI adds a complex wrinkle to data privacy, partnering with a comprehensive and reliable platform can significantly ease the burden on organizations. Osano supports businesses seeking one place to conduct and track various data assessments by:

• Simplifying compliance obligations: Osano Assessments offers ready-to-use templates based on industry standards, streamlining and automating the assessment workflow. We don’t just make compliance efforts more straightforward to manage; we guarantee that your assessments align with established benchmarks.

• Quickly monitoring assessment status: Our intuitive platform provides a clear overview of assessment statuses, distinguishing between pending, in-progress, and completed assessments. Greater transparency sets your organization up to track progress without stress.

• Building a foundation for data privacy: By facilitating improvements in existing processes, we help define and maintain your privacy commitment—making it easier to showcase how your organization safeguards privacy rights.
• Unifying every step of your privacy program: Don’t stop at privacy assessments; manage and scale your entire privacy strategy with Osano. From consent management and data subject rights to vendor risk, we make it easy to control everything in one place. What's more, Osano Assessments works in step with other modules in the Osano platform—use Osano to autopopulate certain assessment fields, fill out data maps from completed assessments, and more.

By using Osano, your organization can confidently navigate the intricate terrain of data privacy assessments. As a result, you can focus more on running a secure and transparent business while knowing that your data privacy initiatives are in capable hands.

Want to see how Osano can address your data privacy concerns? Book a demo to learn more about how Osano can support your organization.