Data Protection Officer
By Sarah Taylor
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About this ebook
What is DATA PROTECTION OFFICER (DPO)?
A data protection officer (DPO) is an enterprise security leadership role required by the General Data Protection Regulation (GDPR).
Data protection officers are responsible for managing data protection strategy and execution to ensure compliance with GDPR requirements.
Entities will have to make considerable efforts to get their data protection organization into compliance with the GDPR. Different organizational requirements will have to be fulfilled.
Records of Processing Activities Controllers and processors will have to implement records of their processing activities that will—if thoroughly maintained—permit to prove compliance with the GDPR towards the Supervisory Authorities and help to fulfil the information obligations towards the data subjects. Records must contain, inter alia, information on the purposes of processing, the categories of data that are affected and a description of the technical and organizational security measures applied.
Sarah Taylor
Sarah Taylor has a BA in History and an MSLS. She enjoys reading and writing about history, playing piano, and going on park walks with her dog. You may find her at https://beautifuldreamerdotcom.wordpress.com and Goodreads at https://www.goodreads.com/author/show/21550493.Sarah_Taylor.
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Data Protection Officer - Sarah Taylor
Introduction
The newly created position of the corporate data protection officer (DPO) is empowered to ensure that the organization is compliant with all aspects of the new data protection regime. Organizations must now appoint and designate a DPO for the organization. This will be a significant appointment and will have long-term benefits for the organization. The specific definitions and building blocks of the data protection regime are enhanced by the new General Data Protection Regulation (GDPR) and therefore the new DPO will be very active in passing the message and requirements of the new data protection regime throughout the organization—including the benefits. It will also be important to highlight the potential cost of getting data protection wrong.
What is DATA PROTECTION OFFICER (DPO)?
A data protection officer (DPO) is an enterprise security leadership role required by the General Data Protection Regulation (GDPR). Data protection officers are responsible for managing data protection strategy and execution to ensure compliance with GDPR requirements.
Organizational Requirements
Entities will have to make considerable efforts to get their data protection organization into compliance with the GDPR. Different organizational requirements will have to be fulfilled.
Records of Processing Activities Controllers and processors will have to implement records of their processing activities that will—if thoroughly maintained—permit to prove compliance with the GDPR towards the Supervisory Authorities and help to fulfil the information obligations towards the data subjects. Records must contain, inter alia, information on the purposes of processing, the categories of data that are affected and a description of the technical and organizational security measures applied.
Designation of a Data Protection Officer Private entities are obliged to designate a Data Protection Officer if their core activities, meaning activities that are decisive for their business strategy, consist of regular and systematic monitoring of data subjects or of processing special categories of personal data (such as health data) on a large scale. Groups of undertakings are free to designate a single Data Protection Officer for all or several of the group entities. Any Data Protection Officer must be designated based on its expertise and professional qualities in order to ensure that it can successfully carry out its responsibilities, such as monitoring the entity’s compliance with the GDPR.
Data Protection Impact Assessment If an intended processing activity, in particular using new technologies, is likely to result in a high risk to the rights and freedoms of the data subjects, entities must carry out a preventive Data Protection Impact Assessment to identify appropriate measures for mitigating the risks to data protection. If the results of the assessment do not enable the entity to determine which safeguards could be applied, it will have to consult with the Supervisory Authorities. The latter might issue black- and whitelists in the future that clarify what processing activities will require a Data Protection Impact Assessment. For details on the scope of and affected processing activities by the assessment.
Data Protection by Design and by Default the GDPR puts emphasis on preventive data protection concepts. As the obligation to develop and implement such concepts is directly enforceable, entities should address the concepts of Privacy by Design and Privacy by Default. This concerns especially entities whose processing activities consist of processing of vast amounts of personal data.
Technical and Organizational Measures Entities must implement technical and organizational measures to guarantee the safeguard of personal data. The appropriate data protection level must be determined based on the risk potential inherent to the entity’s processing activities on a case-by-case basis.
Data Subject Rights Individuals will have comprehensive information and other rights against data processing entities. The latter will have to proactively fulfil numerous obligations towards the data subjects, such as granting information on processing, erasing personal data or rectifying incomplete personal data. Especially, the data subjects’ right to data portability may challenge entities as they will have to provide datasets to their customers upon request.
Data Breach Notification: The GDPR introduces a general reporting duty of