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Data Protection Officer

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Guest user Created:   Mar 20, 2018 Last commented:   Mar 20, 2018

Data Protection Officer

I'm attending the EU GDPR Foundations Course, and I would like to have your opinion about the following: consider the question: "Who is responsible for ensuring that the inventory of processing activities exists?" Your answer is: the DPO. I think it is the incorrect one, because a company can choose NOT to have a DPO. Am I right?
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Step-by-step implementation for smaller companies.

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Andrei Hanganu Mar 20, 2018

Answer:

The responsible person to ensure that the inventory of processing activities would be the Data Protection Officer is the organization is bound to have one based on its processing activities.

Appointment of a DPO is necessary if (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; or (b) the core activities of the legal entity consist of processing operations which, by their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (c) the core activities of the legal entity of processing on a large scale of special categories of data pursuant to Article 9 of the EU GDPR - “Processing of special categories of personal data” ( https://advisera.com/eugdpracademy/gdpr/processing-of-special-categories-of-personal-data/) and personal data relating to criminal convictions and offences referred to in Article 10 of the EU GDPR – “Processing of personal data relating to criminal convictions and offences”( https://advisera.com/eugdpracademy/gdpr/processing-of-personal-data-relating-to-criminal-convictions-and-offences/).

If you don’t need a DPO and don’t want to appoint one, then the task of managing the data inventory can be undertaken by another person within the organization.
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Mar 20, 2018

Mar 20, 2018

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