"I'm not convinced a complaint about a DPO is any of ICO's business. His business is the actions of the DC. DPO is simply a comms channel.
I think ICO should clearly distinguish issues and tell subject to use organisations complaints procedure. Having said that I think "undermined" is overstating. CEO should tell ICO the complaint will be dealt with as usual, + that ICO should butt out unless he has any questions about DC compliance which should still be addressed via DPO.
At best ICO should have written to the complaints officer - not the CEO."
Maybe the ICO's actions were prompted by DPA section 2(2)?
- ICO is obliged to have regard to the importance of securing an appropriate level of protection for personal data
- The DC is obliged to provide that, but -
- DC's are (mostly) also required to designate DPOs to advise and inform them on how to deliver their DC responsibilities,
- So, the DPO becomes part of the mechanism of the "securing an appropriate level of protection" that the ICO must have regard to
- And so the DPOs capacity, position, resources, competence, integrity and / or motivations can become things that the ICO might need to take an interest in?
Owen
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
Strategy, Performance and Transformation Directorate
Sunderland City Council
0191 5611263
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