Hi
I agree with the others that it's unlikely to be a good use of a DPO's time, and your challenge is valid.
I did try thinking from the auditor's point of view, and it is possible for a DPO to review SARs. I don't see that it is automatically a conflict of interest and it could be considered part of the oversight role, especially if there were recognised compliance issues. Greater oversight given until performance improved for example, although I agree with Darren that there are other ways to do it.
I don't know whether the low number of SARs was a factor for the auditor or if you were just giving us context, but I don't think number of SARs should be a factor in the decision. Otherwise we end up in a world where an arbitrary figure is set for amounts DPOs can or cannot review.
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Tel: 020 8359 2015
please consider the environment - do you really need to print this email?
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Tinsley
Sent: 11 April 2019 09:26
To: [log in to unmask]
Subject: [data-protection] DPO involvement in SAR process
Good morning all
An NHS organisation I support has recently been audited for GDPR compliance.
One area in which the auditors thought there was an issue was in the processing of SAR’s. They would like the DPO to have sign-off of all SAR’s both internal from staff and external from patients. The organisation receives relatively few SAR’s. The DPO is happy to this.
My view is that the DPO should not be part of the SAR process, it compromises her ability to act independently as she becomes part of the process. There is also a side issue of her being non-clinical yet signing off patient SAR’s.
I have asked the auditors to look at this again.
Is this an issue or have I just misjudged the role of the DPO
Regards
Chris
Sent by me
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