Recital 44*

Commission Proposal

44. The controller or the processor should designate a person who would assist the controller or processor to monitor compliance with the provisions adopted pursuant to this Directive. A data protection officer may be appointed jointly by several entities of the competent authority. The data protection officers must be in a position to perform their duties and tasks independently and effectively.

EDRi’s proposed amendment

44. The controller or the processor should designate a person who would assist the controller or processor to monitor compliance with the provisions adopted pursuant to this Directive. A data protection officer may be appointed jointly by several entities of the competent authority. The data protection officers must be in a position to perform their duties and tasks independently and effectively. This includes rules avoiding conflicts of interests, providing an adequate amount of resources and an appropriate administrative attachment to avoid interference by controllers.

Justification

The conditions under which DPOs carry out their function should be specified more clearly. Notably, measures must be taken to avoid conflicts of interests on the part of the DPO and to avoid interference by controllers, who may have a higher hierarchical rank.

  • eu logo The launch and upkeep (until December 31, 2012) of this website received financial support from the EU's Fundamental Rights and Citizenship Programme.
Follow

Get every new post delivered to your Inbox.

%d bloggers like this: