Out sourcing DPO service
The EU Regulation 2016/679 concerning the private data protection processing and the free circulation of such data and the abrogation of the Guidance 95/46/CE ( General Rule for Data Protection) will come into force in all Member States of the EU beginning with May, 25th, 2018.
The new element brought by this Regulation in the Romanian juridical space is the infliction of the obligation to appoint a DPO (Data Protection Officer) at the level of the operator or of his empowered representative, under certain circumstances.
About the DPO
The DPO can be employed by the operator/by the person empowered by the operator, or can observe the rules via a contract of services.
The main concern of the DPO must be to observe The General Regulation for Data Protection and the national rules on this subject. The DPO is obliged to keep the secret or confidentiality regarding the performance of his tasks, as per the EU and/or home laws.
OUTSOURCING the DPO
GMB Computers put at your disposal qualified specialists, able to accomplish the tasks of the DPO. After accepting GMB’s offer, on the basis of a mounthly DPO (Data Protection Officer) will be appointed. This person is certified by special courses, having a vast experience in the private data protection field.
When are you obliged to appoint a DPO ?
- When data processing is done by a public authority or organization, excepting the Courts of Justice which are acting under their job description
- If the main activities of the operator or of the empowered person of the operator are represented by processing which requires a systematic and periodical monitoring of the targeted persons on a large scale
- If the main activities of the operator or of the empowered person of the operator represent a large scale processing of some special categories of data or of some private categories of data regarding criminal record or convictions.
to ensure the implementation
of the laws regarding the private protection data (GDPR)
What does “large scale processing” suppose?
In order to establish if a processing is on a large scale, we must take into account 4 criteria:
- The number of targeted persons- an exact figure or a percentage of the relevant population;
- The volume of data and/or the range of different elements of data being processed;
- The duration or the permanent style of the activity of data processing;
- The geographical area of the processing activity;
What does “Main activities” mean?
To establish the main activity of an operator of of his empowered person, such an activity should be analyzed in connection with the private data processing perfomed.
What does ” Systematic and periodical monitoring” mean?
This supposes all forms of tracing and profiling on the Internet, here included the goal of bahavioural publicity, but not restricted to the online media.
The phrase ‘systematic and periodical” means a common and recurrent(repeated ) activity, which implies data processing.
What does “Special data categories” mean ?
Special categories are those data with private value, revealing the rasial or ethnic origin, the political opinions, the religious faith or the phylosophical convictions or the trade union membership and the genetical data processing, biometrical data for unique identification of a private person, or data regarding the state of health or sexual orientation of a private person.
of situations which can constitute a periodical and systematic monitoring of the targeted persons:
– administration of a communication network; profiling an scoring in order to evaluate the risks ( for example, in order to approve a credit, to establish the ensurance premiums, to prevent frauds, to detect money laundrying);
-following the location via mobile applications, for example (geolocation);
– organizing loyalty programs;
– monitoring the state of health via portale equipment;
– closed circuit television – CCTV
– data processing of patients by a hospital;
– processing the data content, location, traffic, by the Internet suppliers
– processing the private data by the Insurance Companies;
– Behavioural publicity
For further information we recommend you to read
The Guide of the DPO
AUDIT and IMPLEMENTATION of GDPR
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