Switzerland: FDPIC releases factsheet on procedure for preparing a DPIA
On August 31, 2023, the Federal Data Protection and Information Commissioner (FDPIC) released a factsheet on the procedure for preparing a Data Protection Impact Assessment (DPIA). In particular, the FDPIC noted that with the entry into force of the revised Data Protection Act (revFADP) from September 1, 2023, there is an obligation, pursuant to Articles 22 and 23 of the revFADP, for federal bodies and private individuals to prepare a DPIA if the planned data processing entails a high risk for the personality or fundamental rights of the data subjects.
Moreover, the factsheet provides that under Article 22(3) of the revFADP, a DPIA must include, for the protection of the personality and fundamental rights of the data subjects, the following:
- a description of the planned processing;
- an evaluation of the risks; and
- a description of the measures.
Furthermore, the factsheet under Annex 2 provides a template for structuring a DPIA. In addition, Annex 1 of the factsheet provides a flowchart for the preliminary assessment of whether a DPIA must be carried out pursuant to Article 22(1) of the revFADP.