The Legitimate Interest Impact Assessment (LIIA) is a crucial compliance document required when organizations in Switzerland seek to process personal data based on legitimate interests under the Swiss Federal Data Protection Act. This document becomes necessary whenever an organization cannot rely on other legal bases such as consent or contractual necessity for data processing. It provides a systematic evaluation of the processing activity, demonstrating accountability and compliance with Swiss data protection requirements. The assessment includes detailed analysis of processing purposes, necessity tests, risk evaluations, and balancing tests, while incorporating specific Swiss legal considerations and international best practices. This document serves as both a compliance tool and a record of decision-making, particularly important given Switzerland's enhanced data protection requirements and its position as a non-EU country maintaining equivalence with EU data protection standards.
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1. Purpose and Scope: Defines the purpose of the assessment and scope of the data processing activities being evaluated
2. Description of Processing Activity: Detailed description of the data processing activities, including types of data, processing purposes, and data flows
3. Legitimate Interest Identification: Clear articulation of the legitimate interests being pursued by the controller or third parties
4. Necessity Test: Assessment of whether the processing is necessary and proportionate to achieve the identified legitimate interests
5. Impact Assessment: Analysis of potential impacts on individuals' rights and freedoms
6. Balancing Test: Evaluation of how the controller's legitimate interests balance against the individuals' interests, rights, and freedoms
7. Safeguards and Mitigating Measures: Description of measures implemented to protect individuals' rights and reduce risks
8. Transparency Measures: Documentation of how individuals are informed about the processing and their rights
9. Conclusion and Decision: Final determination on whether the legitimate interest basis is appropriate and processing can proceed
1. Industry-Specific Considerations: Additional analysis required for specific industry sectors (e.g., financial services, healthcare)
2. Cross-Border Transfer Analysis: Required when processing involves international data transfers
3. Special Category Data Assessment: Additional assessment required when processing sensitive personal data
4. Children's Data Considerations: Required when processing may involve data of individuals under 18
5. Technical Infrastructure Review: Detailed analysis of technical systems and security measures when processing involves complex technical infrastructure
6. Third Party Processing Assessment: Required when processing involves sharing data with third parties or processors
1. Data Inventory: Detailed listing of personal data categories, processing purposes, and data flows
2. Risk Assessment Matrix: Detailed risk analysis and scoring for identified impacts
3. Stakeholder Consultation Records: Documentation of any consultations with stakeholders or data subjects
4. Technical and Organizational Measures: Detailed description of security measures and safeguards implemented
5. Supporting Documentation: Relevant policies, procedures, and other documents referenced in the assessment
6. Review and Update Log: Record of assessment reviews and updates
7. Legal Analysis: Detailed analysis of applicable laws and regulations
8. Privacy Notice Excerpts: Relevant sections of privacy notices and communications to data subjects
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