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1 Int'l Data Priv. L. 111 (2011)
An Evaluation of Privacy Impact Assessment Guidance Documents

handle is hein.journals/intldatpc1 and id is 111 raw text is: International Data Privacy Law, 2011, Vol. 1, No. 2 An evaluation of privacy impact assessment guidance documents Roger Clarke* Introduction Privacy impact assessment (PIA) is a systematic process for evaluating the potential effects on privacy of a project, initiative or proposed system or scheme. Else- where,' I have traced the development of the concept, starting in the 1970s. PIAs became progressively more common from the mid-1990s, particularly in (in alphabetical order) Australia, Canada, New Zealand and the USA, and more recently in the U.K. A related and parallel development in Europe has been what have been referred to as 'pre-decisional assessments, which gave rise to 'prior checking' requirements under EU law.2 A range of guides have been published, to assist organizations in performing PIAs and in achiev- ing the intended benefits for the organization and the affected public alike. For example, Warren et al.3 describe the process whereby the UK Information Commissioner's guidance document was prepared. There is, however, considerable variation in the comprehensiveness and quality of existing guidance documents. The purposes of this paper are first to present a set of best practice criteria whereby the quality of PIA guidance documents can be assessed, and secondly to apply the list of criteria to a substantial set of existing documents. Xamax Consultancy Pty Ltd, Australian National University, Canberra, and UNSW, Sydney, Australia. E-mail: Roger.Clarke@xamax.com.au 1 Roger Clarke, 'Privacy Impact Assessment: Its Origins and Development' (2009) 25, 2 Computer Law & Security Review 123-35, PrePrint at <http://www.rogerclarke.com/DV/PIAHist-08.html> (accessed 2 January 2011). 2 Information Commissioner's Office, Privacy Impact Assessments: International Study of their Application and Effects Wilmslow, IK, December 2007, body of the Report at <http://www.ico.gov.uk/upload/ documents/library/corporate/research-and-reports/ privacy-impact-assessment-international-study.011007.pdf> (accessed 2 January 2011) and Appendices as follows: . Appendix A: Framework for Analysis . Appendix B: List of Interviewees, by Jurisdiction, Agency and Organisation Type The list has been developed through two processes. Firstly, it is grounded in the body of literature cited in an earlier paper.4 Secondly, it draws on the author's consultancy work over a 15-year period, which has . Appendix C: Jurisdictional Report for Canada . Appendix D: Jurisdictional Report for the United States of America - Appendix E: Jurisdictional Report for Australia . Appendix F: Jurisdictional Report for New Zealand . Appendix G: Jurisdictional Report for Hong Kong . Appendix H: Broad Jurisdictional Report for the European Union . Appendix I: PIA Templates and Guides by Jurisdiction 3 A Warren, R Bayley, C Bennett, AJ Charlesworth, R Clarke and C Oppenheim 'Privacy Impact Assessments: International experience as a basis for UK Guidance' (2008) 24, 3 Computer Law & Security Report 233-42. 4 Clarke (n 1). © The Author 2011. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com 111

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