BLOG: Privacy Officer

The Critical Role of Privacy Officers and Data Protection Officers

Since the enforcement of the General Data Protection Regulation (GDPR) on May 25, 2018, the importance of Privacy Officers (POs) and Data Protection Officers (DPOs) in organizations has escalated significantly. These roles are vital in overseeing the handling and processing of personal data, ensuring compliance with GDPR, and acting as a point of contact for privacy matters.

Understanding the Roles: Privacy Officer vs. Data Protection Officer

The Privacy Officer generally supports and advises the management on privacy-related issues and is not defined by law, whereas the role of the Data Protection Officer is specifically outlined in the GDPR. Key differences include:

• DPO’s Legal Definition: The DPO is a legally defined role in organizations that meet certain GDPR criteria.
• Independence and Reporting: DPOs operate independently, report directly to the highest level of management, and are not personally liable for GDPR compliance.
• Mandatory Appointment: Certain organizations, as specified by the GDPR, are required to appoint a DPO.
  
  

Tasks and Responsibilities

Both POs and DPOs supervise the handling of personal data, provide advice, conduct Data Protection Impact Assessments (DPIAs), report data breaches, and act as contacts for data subjects and regulatory authorities.

Deciding on the Need for a DPO in Your Organization

Under GDPR, appointing a DPO is mandatory for public organizations, entities processing special categories of personal data on a large scale, and those that systematically monitor individuals. For others, appointing a DPO or a PO is recommended to handle privacy and data protection responsibilities effectively.

Balancing Legal Duties and Organizational Roles

Organizations should closely align the roles of POs and DPOs with legal requirements while addressing practical needs. Larger organizations might benefit from having both roles to distribute privacy-related tasks adequately.

FAQ

What is the difference between a Privacy Officer and a Data Protection Officer?

A Privacy Officer is an advisory role without a legal definition, while a Data Protection Officer is a legally mandated position under the GDPR with specific responsibilities and requirements.

Is appointing a Data Protection Officer mandatory for all organizations?

No, appointing a DPO is mandatory only for certain organizations, such as public bodies, organizations processing large volumes of special personal data or those engaging in systematic monitoring of individuals.

What are the responsibilities of a DPO or PO?

Their responsibilities include overseeing data protection strategies, advising on GDPR compliance, conducting DPIAs, reporting data breaches and acting as a point of contact for data subjects and supervisory authorities.

Can a DPO or PO be held personally liable for non-compliance with GDPR?

No, DPOs and POs are not personally liable for GDPR compliance. They provide independent advice and oversight, while the ultimate responsibility for compliance rests with the organization’s management.

Can the role of a DPO or PO be outsourced?

Yes, organizations can outsource these roles to external experts, which can add specialized knowledge and an independent perspective.