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Privacy risk assessments have been touted as an objective, principled way toencourage organizations to implement privacy-by-design. They are central to anew regulatory model of collaborative governance, as embodied by the GDPR.However, existing guidelines and methods remain vague, and there is littleempirical evidence on privacy harms. In this paper we conduct a close analysisof US NIST's Privacy Risk Assessment Methodology, highlighting multiple sitesof discretion that create countless opportunities for adversarial organizationsto engage in performative compliance. Our analysis shows that the premises onwhich the success of privacy risk assessments depends do not hold, particularlyin regard to organizations' incentives and regulators auditing capabilities. Wehighlight the limitations and pitfalls of what is essentially a utilitarian andtechnocratic approach, leading us to discuss alternatives and a realignment ofour policy and research objectives.

Technocracy, pseudoscience and performative compliance: the risks of  privacy risk assessments. Lessons from NIST's Privacy Risk Assessment  Methodology