Who is the data protection officer?
The Data Protection Officer (DPO) ensures the surveillance of personal data protection in the course of their processing at the controller or processor.
The surveillance over the personal data protection consists of multiple tasks and activities that the data protection officer is obliged to fulfil pursuant to the Act on Personal Data Protection (PDP Act).
Is designation of the DPO obligation or right?
DPO may be designated in writting either by controller or processor which process personal data via entitled persons regardless to their number. Designation of the DPO is a right of the controller or processor, upon his/her decision.
I case the controller or processor decide to designate the DPO they are obliged to fulfil obligations set in the PDP Act (Section 23 to 27)
Who may be designated as the DPO?
The data protection officer can only be a natural person who has the full legal capacity, is irreproachable and has a valid confirmation of passing the exam by the Office. Statutory body or the body entitled to act in the name of the statutory body of the controller or the processor may also be designated as the DPO. There may be one or several DPOs and also external person may be designated as the DPO.