"mandated" may be slightly too strong but the original health Service Circular in 1998 was pretty clear "the Guardian should be at Board level, be a senior health professional and have responsibility for promoting clinical governance within the organisation."
The LA equivalent simply said an "appropriate" CG should be appointed but by analogy that needs to be Director of SS or equivalent.*
One thing is clear it should not be the general IG lead. The roles are different. The IG lead and /or DP officer if different provide the necessary support function for the CG .
And yes some decisions MUST be approved by the CG, typically e.g. when they involve bypassing the duty of confidentiality on public interest grounds or if that is not possible on grounds of urgency must be promptly reported to the CG after the event. CG would also be required to approve any data sharing protocols - and other things too numerous to mention.
* see also Section 2 of the Caldicott Guadian Manual which applies to all:
"The Guardian should be, in order of priority:
• an existing member of the management board or senior management team of the
• a senior health or social care professional;
• the person with responsibility for promoting clinical governance or equivalent
functions within the organisation."
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