GDPR · Regulation (EU) 2016/679
Article 38
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Article total: 1 part · 0 Council drafts · 1 Parliament amendment
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Alternative wording Amendment 1241 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE
against:
Article 38
Position of the data protection officer
- 1.
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
- 2.
The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.
- 3.
The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.
- 4.
Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.
- 5.
The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.
- 6.
The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. Where a data protection officer is shared by several enterprises pursuant to Article 37(2a), or made available by a public body pursuant to Article 37(4a), the absence of a conflict of interests and the independence of the data protection officer shall be ensured in respect of each participating enterprise."
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Article 38 – paragraph 6
Wording reproduced in the amendment → Amendment 1241 · ITRE–LIBE amendments 1053–1260 to the draft report
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