Derek,
I agree with Donald. What might be useful within your organisation, albeit now that the horse has bolted, is to agree to a process within the organisation on how complaints against the DPO are dealt with.
An alternative could be the monitoring officer who is seen as the council's legal counsel so would be in a position to address this issue.
However, the ICO is correct as Donald pointed out that they need to go to the CEO as there is no one else available.
I would expect this to occur from time to time so learning from you, I would develop an understanding with the CEO about what to expect and why in such complaints/issues so everyone understands their roles and expectations.
Best,
Lawrence
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Derek O'Connor
Sent: 25 February 2019 14:31
To: [log in to unmask]
Subject: DPO - undermined by Regulator or not?
Can I ask for thoughts on the following please.
a) DS complains to ICO re handling of SAR.
b) DPO responds to ICO providing evidence of compliance, and offers further assistance/information to ICO if required.
c) DS makes an un-evidenced allegation against the DPO to the ICO (nothing serious, but nevertheless an allegation casting doubt on the DPO's objectivity/integrity).
d) ICO (without requesting, obtaining or providing any evidence whatsoever) totally bypasses the DPO and makes contact directly with the CEO without the DPO's knowledge.
Happy to elaborate further off list if necessary.
Regards Derek
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