Article 36 (data protection officer)

• 1

  The controller shall appoint a data protection officer. For several competent authorities, taking into account their organizational structure and size, a single data protection officer may be appointed. The data protection officer shall be duly and timely involved by the controller in all matters relating to the protection of police data.

• 2

  The Data Protection Officer shall be appointed on the basis of his professional qualities and, in particular, his expertise in data protection law and practice and his ability to perform the tasks referred to in the third paragraph.

• 3

  The Data Protection Officer is charged with at least the following duties:

  • a.

    monitoring compliance with the provisions of or under this Act and the policies of the controller regarding the protection of personal data, including the allocation of authorizations referred to in Article 6, the awareness and training of police officers involved in the processing of police data and the audits referred to in Article 33;

  • b.

    informing and advising the controller and police officers processing police data about their obligations under the provisions of or pursuant to this Act and other data protection provisions under Union or Dutch law;

  • c.

    advising, upon request, on the data protection impact assessment referred to in Article 4c and monitoring its implementation;

  • d.

    cooperating with the Autoriteit persoonsgegevens;

  • e.

    acting as a contact point for the Autoriteit persoonsgegevens on matters relating to the processing of personal data and, where appropriate, consulting on any other matter.

• 4

  The Data Protection Officer shall prepare an annual report of his/her findings.

• 5

  The controller shall make public the contact details of the data protection officer and notify the data protection officer to the Autoriteit persoonsgegevens.

• 6

  The controller shall provide the data protection officer with the necessary resources to perform the tasks referred to in the third paragraph and to maintain his expertise.