Decision 2008/597 - 2008/597/EC: Commission Decision of 3 June 2008 adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the EC institutions and bodies and on the free movement of such data - Main contents
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official title
2008/597/EC: Commission Decision of 3 June 2008 adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/597 |
| CELEX number i | 32008D0597 |
| Document | 03-06-2008 |
|---|---|
| Publication in Official Journal | 22-07-2008; OJ L 193, 22.7.2008,Special edition in Croatian: Chapter 13 Volume 047 |
| Effect | 03-06-2008; Entry into force See Art 16 |
| End of validity | 25-07-2020; Repealed by 32020D0969 |
| Notification | 22-07-2008; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new} |
22.7.2008 |
EN |
Official Journal of the European Union |
L 193/7 |
COMMISSION DECISION
of 3 June 2008
adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
(2008/597/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1), and in particular Article 24(8) and the Annex thereof,
Whereas:
(1) |
Regulation (EC) No 45/2001, hereinafter referred to as the ‘Regulation’, sets out the principles and rules applicable to all Community institutions and bodies and provides for the appointment by each Community institution and Community body of a Data Protection Officer. |
(2) |
Article 24(8) of the Regulation requires that further implementing rules concerning the Data Protection Officer shall be adopted by each Community institution or body in accordance with the provisions in the Annex. The implementing rules shall in particular concern the tasks, duties and powers of the Data Protection Officer. |
(3) |
Commission Decision C(2002) 510 (2) of 18 February 2002 creates the post of Data Protection Officer (DPO) for the Commission and charges the DPO with proposing further implementing rules following consultation with the Directorates-General according to their needs and experiences, |
HAS DECIDED AS FOLLOWS:
SECTION 1
GENERAL PROVISIONS
Article 1
Definitions
For the purpose of this Decision and without prejudice to the definitions provided for by the Regulation:
— |
‘Data Protection Coordinator’ (hereinafter referred to as the ‘DPC’) shall mean the staff member within a Directorate-General or Service who has been appointed by the Director-General to coordinate all aspects of the protection of personal data in the Directorate-General, |
— |
‘Controller’, as defined in Article 2(d) and referred to in Article 25(2)(a), shall mean the official responsible for the organisational unit that has determined the purposes and the means of the processing of personal data. |
Article 2
Scope
This Decision defines the rules and procedures for implementation of the function of Data Protection Officer (hereinafter referred to as the ‘DPO’) within the Commission pursuant to Article 24(8) of the Regulation. It shall not apply to the activities of the Commission when defining policies relating to the protection of individuals with regard to the processing of personal data.
SECTION 2
THE DATA PROTECTION OFFICER
Article 3
Appointment and status
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1.The Commission shall appoint the DPO (3) and register him with the European Data Protection Supervisor (hereinafter referred to as the ‘EDPS’).
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2.The term of office of the DPO shall be five years, renewable once.
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3.The DPO shall act in an independent manner with regard to the internal application of the provisions of the Regulation and may not receive any instructions with respect to the performance of his duties.
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4.The DPO shall be selected from the staff of the Commission following the relevant procedures. In addition to the requirements of Article 24(2) of the Regulation, the DPO should have a sound knowledge of the Commission services and their structure and administrative rules and procedures. He should have a good knowledge of data protection and information systems, principles and methodologies. He must have the capacity to demonstrate sound judgement and the ability to maintain an impartial and objective...
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