Comparative Analysis Of Data Protection Impact Assessments (DPIAS): GDPR Supervisory Authority Versus Indian And Other Global Frameworks

Tharun Rajan A S, Jindal Global Law School (LLM IPR)

ABSTRACT

In an increasingly linked world, Data Protection Impact Assessments (DPIAs) are crucial instruments for safeguarding data security and privacy. The DPIA system for the GDPR, which is supervised by the Supervisory Authority, is distinct due to its requirement, risk-based methodology, extensive reach, precise and thorough guidelines, and supervision. This study highlights the main distinctions, difficulties, and efficacy of each approach by contrasting the GDPR's DPIA system with DPIA regulations in India and other international jurisdictions.

The main contention of the paper is that the GDPR's DPIA system is a better method of DPIA than the ones used in India and other international jurisdictions. In addition, the DPIA rules provided by the GDPR provide clear and detailed instructions for carrying out assessments, guaranteeing accuracy and uniformity between different businesses and regions. The Supervisory Authority's supervision guarantees adherence to the rule and provides another level of accountability

Furthermore, the GDPR's risk-based approach, which focuses on identifying and reducing the biggest threats to data security and privacy, helps firms to efficiently allocate resources. By ensuring that resources are distributed effectively, this technique maximizes the efficacy of data protection measures.

This study argues that because the GDPR's DPIA system is mandated, follows a risk-based methodology, has detailed standards, and is effectively supervised, it is a better approach than those in other jurisdictions. This study adds to a deeper understanding of how these strategies effect privacy and data security in an increasingly linked digital ecosystem by providing incisive analysis and comparison of various DPIA approaches. The research findings hold significance for individuals, organizations, and regulatory bodies who aim to establish efficient DPIA procedures and guarantee the safeguarding of personal information in the digital era.