Data Stewardship in the Modern Enterprise: The Pivotal Role of the Data Protection Officers

What is a DPO?

Data Protection Officer (DPO) :

Each Community institution and body shall, in order to comply with Regulation (EU) 2018/1725 have a data protection officer (DPO). The DPO should be an expert on data protection law and practices, and be in a position to operate independently within the organisation. The DPO is to ensure the internal application of the Regulation and that the rights and freedoms of the data subjects are not likely to be adversely affected by the processing operations. The DPO shall keep a register of processing operations performed or controlled by the institution or body.

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As Per Wikipedia Data Protection Officer

Role & Responsibilities:

Data protection officer responsibilities reach beyond traditional IT, legal and security roles to provide a holistic view of data privacy, security and education. DPOs also guide their organization through a process of continuous regulatory compliance by incorporating privacy safeguards and best practices into nearly every aspect of business operation.

DPOs facilitate collaboration among stakeholders, including customers, businesses and regulators, to gather, use and share information in a manner that's appropriate, legal and beneficial to all parties. They're also required to have access to an organization's top executives to discuss and resolve all privacy concerns.

In the EU, the DPO position is mandated by articles 37, articles 38 , articles 39 of the GDPR regulations on data privacy and algorithmic transparency. Although protecting privacy is an essential responsibility, the DPO is also responsible for ensuring organizations don't run afoul of other aspects of the GDPR relating to transparency, algorithmic accountability and accuracy.

All organizations doing business in the EU are now required to assign a DPO, which could be an employee or an external advisor such as a law firm or consultancy. This individual is not permitted to be responsible for monetizing the use of data, which is considered a conflict of interest. It's also important that they're not part of IT, HR or senior management, which could also create conflicts of interest. Similarly, DPOs can't be a chief data officer even though they need to have intimate familiarity and visibility into data processes and data sharing agreements. Companies are also prohibited from firing DPOs in the event they raise concerns about data privacy procedures in their company.

Suitable GDPR articles:

• Art. 35 GDPR Data Protection Impact Assessment.
• Art. 37 GDPR Designation of the Data Protection Officer
• Art. 38 GDPR Position of the Data Protection Officer
• Art. 39 GDPR Tasks of the Data Protection Officer

Warm regards,

Anil Patil, Founder & CEO/DPO of Abway Infosec Pvt Ltd.

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