Datenschutzfolge

Datenschutzfolge is a term used in data protection to refer to the potential effects that a data processing operation may have on the privacy and protection of personal data. It focuses on how processing could influence individuals’ rights and freedoms, the security of data, and the trust in data-handling practices. The concept is closely linked to risk assessment in data protection and serves as a basis for determining appropriate safeguards.

In European law, this risk assessment is most commonly carried out as a Datenschutz-Folgenabschätzung (Data Protection Impact Assessment, DPIA). A Datenschutzfolge describes the risks identified by the DPIA, such as possibilities of re-identification, profiling, broad surveillance, large-scale data transfers, or insufficient data retention safeguards. The assessment aims to determine whether processing is necessary and proportional and what safeguards are required to mitigate risks to data subjects.

The typical process and outcome involve describing the processing operation (purposes, categories of data, recipients, retention periods, transfers), evaluating necessity and proportionality, and identifying risks to privacy and data security. It also entails proposing measures to mitigate risks, such as data minimization, pseudonymization, encryption, robust access controls, and strong governance. If residual risk remains high, the controller may be required to consult the supervisory authority or involve data subjects. The results are documented and periodically reviewed to ensure ongoing compliance.

Datenschutzfolge thus denotes the privacy impact risks associated with processing activities and their role in deciding on safeguards, design choices, and governance under data protection laws.