INTL-02

Do you have a data protection officer (DPO)?

Explanation

This question asks whether your organization has appointed a Data Protection Officer (DPO), which is a formal role required by certain privacy regulations, most notably the EU's General Data Protection Regulation (GDPR). A DPO is an enterprise security leadership role responsible for overseeing data protection strategy and implementation to ensure compliance with regulatory requirements. The DPO acts as an independent advocate for proper data handling practices and serves as a point of contact for data subjects and supervisory authorities. This question is being asked in a security assessment because: 1. Regulatory Compliance: Under GDPR Article 37, organizations must designate a DPO if they are a public authority, engage in large-scale systematic monitoring, or process large amounts of sensitive personal data. Even if not legally required, having a DPO demonstrates commitment to data protection. 2. Accountability: Having a designated person responsible for data protection shows organizational maturity and clear lines of responsibility for privacy matters. 3. Risk Management: A DPO helps identify and mitigate privacy risks before they become compliance issues or data breaches. When answering this question, you should: - Clearly state whether you have a formally designated DPO - If you do, briefly describe their qualifications and reporting structure (they should report to the highest level of management and operate independently) - If you don't have a formal DPO but aren't required to by GDPR, explain who handles data protection responsibilities - If you're required to have a DPO but don't, explain your remediation plan

Guidance

See GDPR Chapter 4, Section 4, for DPO information.

Example Responses

Example Response 1

Yes, our organization has appointed a Data Protection Officer as required under GDPR Article 37 Our DPO, Jane Smith, has CIPP/E certification and over 8 years of privacy experience She reports directly to our Board of Directors to ensure independence from operational functions The DPO oversees our privacy program, conducts regular assessments, serves as the point of contact for supervisory authorities, and manages data subject requests Contact information for our DPO is publicly available on our website's privacy policy page and has been registered with relevant supervisory authorities.

Example Response 2

Yes, although our organization is not legally required to have a DPO under GDPR criteria (we don't process special categories of data at large scale, nor do we systematically monitor data subjects), we have voluntarily appointed Michael Chen as our DPO to demonstrate our commitment to data protection Michael has a background in privacy law and reports directly to our CEO His responsibilities include maintaining our data processing inventory, conducting privacy impact assessments, and ensuring our data handling practices comply with applicable regulations across all jurisdictions where we operate.

Example Response 3

No, our organization does not currently have a designated Data Protection Officer Based on our analysis of our data processing activities, we do not meet the criteria that would require a mandatory DPO appointment under GDPR Article 37, as we do not: (1) process data as a public authority, (2) conduct regular and systematic monitoring of data subjects on a large scale, or (3) process special categories of data on a large scale However, we have assigned privacy responsibilities to our Compliance Manager, who works closely with our legal team to ensure adherence to privacy regulations We review this determination annually to ensure it remains appropriate as our business evolves.

Context

Tab: Privacy
Category: International Privacy