Art.37 Designation of the data protection officer
Designate a data protection officer where the processing is carried out by a public authority or body, except for courts acting in their judicial capacity, where the core activities consist of processing operations which
5
artefacts
0
held by a system
3
at each review
hard
to go live
Document repository
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
none for this control
periodic reviewEvidence produced at each review
- The Article 37(1) assessment, made whether or not an officer was appointed, showing how core activities, large scale and regular and systematic monitoring were judged · SIEM / log platform
- The designation record, with evidence the contact details were both published and communicated to the supervisory authority · Document repository
- Where a group officer is appointed, evidence of accessibility from each establishment including language and working hours · Document repository
governing documentDocuments that govern the control
- The officer's qualifications and experience measured against the data protection risk the organisation's processing presents · Document repository
- The officer's other roles and duties, with the conflict of interests analysis for each · Policy repository / GRC workspace
First move
This control is evidenced by people and documents, not systems. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date. Do not try to automate it.
Common gaps auditors find
- No appointment made and no assessment on file, so the absence of an officer cannot be justified when it is challenged
- Contact details published on the website but never communicated to the supervisory authority, which is a separate requirement
- The role given to the head of information technology, legal or compliance, who determines purposes and means and therefore cannot independently monitor them
- A single group officer with no realistic capacity or language coverage for the establishments nominally served
Do this for your whole sheet
Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.
Build my evidence sheetArt.36 Prior consultation · Art.38 Position of the data protection officer