DATA PROTECTION IMPACT ASSESSMENT (DPIA)

(State overlay: VT)

1. Project Overview

• Project name/ID: [name]; owner: [business owner]; sponsor: [executive].
• Purpose and objectives: [describe].
• Timeline and launch date: [dates].

2. Scope of Processing

• Data subjects: [customers/employees/vendors/end users].
• Personal data categories: [contact, IDs, financial, location, biometric, health, minors].
• Sensitive data (state definition): [list per state law if applicable]; lawful basis/consent requirements: [insert].
• Volume and retention: [records/year], [retention schedule and deletion triggers].
• Processing activities: [collection, storage, analysis, sharing/sale/sharing status].

3. Legal Basis, Notices, and Rights

• No comprehensive consumer privacy law. Vermont has breach notification statute only.
• Applicability: Data collectors conducting business in VT or owning/licensing PI of VT residents.
• Consumer rights: No mandated access, correction, deletion, or opt-out rights (apply federal laws).
• Primary compliance obligation: Breach notification under Security Breach Notice Act; amended effective July 1, 2020.
• Security standard: Reasonable security measures to protect PI.

4. Data Flow and Transfers

• Source systems: [list]; storage/hosting locations: [cloud region/data centers].
• Cross-border transfers: [EU/UK/other]; transfer tool: [SCCs/IDTA/CBPR if applicable].
• Recipients/vendors: [processors/subprocessors/controllers]; due diligence status and DPAs in place.
• Access controls: RBAC groups, least privilege, joiner/mover/leaver process.

5. Security and Controls

• Technical controls: encryption in transit/at rest [specify], key management, network segmentation, endpoint protections, logging/monitoring, DLP, backups, vulnerability management.
• Organizational controls: policies, training cadence, vendor due diligence, incident response playbook, change management.
• Authentication/authorization: [MFA/SAML/SSO]; session timeouts; privileged access reviews cadence.

6. Risks and Impact Assessment

• Risks/threats: [unauthorized access, data minimization failure, purpose creep, profiling risk, transfer risk, children/minors risk].
• Likelihood: [low/medium/high]; Impact: [low/medium/high]; Risk rating matrix: [insert].
• POWR/State-specific equal employment or anti-discrimination considerations (if applicable): [insert].

7. Mitigations and Residual Risk

• Planned mitigations: [controls, timelines, owners].
• Testing/validation: [pen test, DPIA/ROPA updates, privacy-by-design checklist].
• Residual risk after mitigations: [rating]; decision: [accept/mitigate further/block].

8. Incident Response and Breach Notification

• Statute: Security Breach Notice Act; signed March 5, 2020; effective July 1, 2020.
• Timeline: Most expedient time possible without unreasonable delay but not later than 45 days after discovery, consistent with measures to determine scope + restore integrity/security/confidentiality.
• AG or DFR notification: Within 14 business days of date entity discovers breach OR date entity provides notice to consumers, whichever is sooner. Include: date breach occurred, date discovered, number of VT residents affected (if known), description of breach.
• Pre-registration option: Entities that pre-register with AG (sworn written policies/procedures consistent with law) must notify AG before providing notice to consumers.
• Enforcement: AG and State's Attorney only. Dept of Financial Regulation for regulated financial institutions. No private right of action.
• Triggers: Security breach = unauthorized acquisition of PI. PI = first name/initial + last name + (SSN, DL/ID, financial account + security/access code, unique biometric, medical/health insurance, username/email + password/security question).
• Exception: Good-faith employee acquisition. Law enforcement delay permitted. Encryption safe harbor.
• Coordination with other states/GLBA/HIPAA requirements if multi-state: [plan].

9. State Overlay Checklist (VT) - Breach Notification Only

• No comprehensive privacy law. Breach notification statute only (Security Breach Notice Act).
• Applicability: Data collectors conducting business in VT or owning/licensing PI of VT residents.
• Sensitive data/Consumer rights: No mandated rights.
• Security: Reasonable security measures.
• Breach notice: 45 days max. AG or DFR within 14 business days (from discovery OR consumer notice, whichever sooner). Pre-registered entities: notify AG before consumers. No private action.
• Children: COPPA compliance.
• DPA/ROPA: Not required by law.

10. Approvals and Accountability

• Privacy lead/DPO review: [name/date].
• Security review: [name/date].
• Legal review (state law overlay): [name/date].
• Business owner certification: [name/date].
• Executive approver: [name/title/date].

11. Attachments

• Data flow diagrams/architecture.
• Records of processing activities entry.
• Vendor list and DPAs/SCCs.
• Legitimate interests assessment or risk assessment (if applicable).
• Testing summaries and pen test reports (if applicable).
• State-specific notices/links and breach templates.