Section 10(2)(c) Statutory Methodology

How to Conduct a DPIA under the DPDP Act 2023

A Data Protection Impact Assessment (DPIA) is a statutory risk analysis required for Significant Data Fiduciaries (SDFs) and high-risk processing activities. Here is the complete statutory framework and execution guide.

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When is a DPIA Mandatory?

Under Section 10(2)(c) of the Act, every Significant Data Fiduciary must conduct periodic DPIAs. Furthermore, best practice and Data Protection Board guidelines mandate a DPIA when deploying:

Large-scale automated decision making or AI profiling affecting individuals.
Processing of sensitive personal data or biometric telemetry at scale.
Deploying new facial recognition, behavioral tracking, or geolocation systems.
Significant cloud migrations or cross-border data transfer architecture shifts.

The 5-Step Statutory DPIA Process

Step 1: Systematic Processing Description

Map data inputs, storage locations, internal processing flows, third-party sub-processors, and data destruction schedules.

Step 2: Necessity & Proportionality Evaluation

Verify whether the business goal can be achieved with less personal data, anonymized data, or less intrusive mechanisms.

Step 3: Harm Vector & Risk Assessment

Model probability and severity of harms defined under Section 2(u): financial loss, identity theft, unauthorized surveillance, loss of reputation, or discriminatory exclusion.

Step 4: Risk Mitigation & Safeguard Architecture

Implement technical safeguards: AES-256 field encryption, differential privacy, RBAC, access auditing, and contractual DPA commitments.

Step 5: Sign-off & Audit Log Archiving

Formal review and approval by the appointed India-resident DPO and submission to the corporate risk register.

Need an Independent DPIA Assessment?

LLM Advocates provides independent statutory DPIA assessments for high-risk digital systems and Significant Data Fiduciaries.

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