Data Protection Officer

Caroline Smith made this Freedom of Information request to West Lothian Council

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Dear West Lothian Council,

1. Could you let me know?

a. What position in the Council is designated as Senior Information Risk Owner (SIRO)?
b. The name of your Data Protection Officer (DPO)?
c. Job title of the DPO, if not just DPO?
d. If the DPO also has other duties, approximately how much of their time is spent on DPO work?
e. If the DPO has other responsibilities, has a risk assessment been carried out to ensure that any potential conflicts of interest as identified in the GDPR and the guidance from the European Data Protection Board are managed? If so, has this been reviewed in light of the recent decision of the Belgium Data Protection Authority (28 April 2020): https://edpo.com/news/dpo-and-conflict-o...
f. The line manager of the DPO – i.e. the post that the post holder reports to. Is it the SIRO?
g. Who the DPO reports to in their role as DPO if that differs from the line manager? Is it the SIRO?
h. At what spinal point is the DPO paid?
i. Key relevant qualifications that the DPO and SIRO hold or relevant training completed.

2. And could you provide the relevant extract of the Council’s Organisational Chart that shows the DPO, the DPO’s line manager, the post holder that the DPO reports to, the SIRO and Chief Executive?

Yours faithfully,

Caroline Smith

Customer Service, West Lothian Council



 

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Customer Service, West Lothian Council

Thank you for emailing the Customer Service Centre.  Due to the high
volume of email traffic recently we may take longer than our 24 hour
response. Should you require a quicker response please call us on 01506
280000 or use our on-line form facility at
[1]www.westlothian.gov.uk/report

 

Regards

Customer Service

[2]Please remember to wash your hands. 20200807

This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

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2. https://www.nhsinform.scot/coronavirus

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear whatdotheyknow

Information Request

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

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Heather

Customer Service

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Email: [email address]
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If any of your details have changed, or change in the future, please
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If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email:
[4][email address]

show quoted sections

West Lothian Council

20/08/2020

Dear whatdotheyknow

Freedom Of Information

Reference no. 101006799415

I refer to your request for information dated 17th August 2020.

Please find below our response to your request.

QUESTION 1a: What position in the Council is designated as Senior Information Risk Owner (SIRO)?
ANSWER 1a: Depute Chief Executive.

QUESTION 1b: The name of your Data Protection Officer (DPO)?
ANSWER 1b: Julie Whitelaw.

QUESTION 1c: Job title of the DPO, if not just DPO?
ANSWER 1C: Head of Service Corporate Services.

QUESTION 1d: If the DPO also has other duties, approximately how much of their time is spent on DPO work?
ANSWER 1d: The council’s DPO does not record time spent on DPO work as there is no business reason to do so. Therefore, the council does not hold this information and is required to give you notice of such in terms of Section 17(1) of the Freedom of Information (Scotland) Act 2002.

QUESTION 1e: If the DPO has other responsibilities, has a risk assessment been carried out to ensure that any potential conflicts of interest as identified in the GDPR and the guidance from the European Data Protection Board are managed? If so, has this been reviewed in light of the recent decision of the Belgium Data Protection Authority (28 April 2020): https://edpo.com/news/dpo-and-conflict-o...
ANSWER 1e: Conflict of interest was considered at the council’s Audit Committee on the 29th of March 2019. Agreed mitigating actions are:
• The Head of Corporate Services cannot make decisions which impact upon, or change matters relating to, the processing of personal data within service areas under the Corporate Services structure without agreement from appropriate boards or management teams.
• Where a conflict of interest is perceived, DPO tasks are delegated to the Chief Solicitor.

QUESTION 1f: The line manager of the DPO – i.e. the post that the post holder reports to. Is it the SIRO?
ANSWER 1f: Yes, the DPO reports to the Depute Chief Executive who is also the SIRO.

QUESTION 1g: Who the DPO reports to in their role as DPO if that differs from the line manager? Is it the SIRO?
ANSWER 1g: As per answer 1f.

QUESTION 1h: At what spinal point is the DPO paid?
ANSWER 1h: The DPO pay grade is Chief Official EXHOS2. Details of this paygrade can be accessed online via the councils MyToolkit at the following link: https://www.westlothian.gov.uk/media/133...

QUESTION 1i: Key relevant qualifications that the DPO and SIRO hold or relevant training completed.
ANSWER 1i: The DPO qualifications are LLB (Hons) LDip. The designation of the SIRO role is primarily based on the seniority of the Depute Chief Executive role. The SIRO has completed the training modules required of all staff however no specific qualifications or training have been undertaken for the role.

QUESTION 2: And could you provide the relevant extract of the Council’s Organisational Chart that shows the DPO, the DPO’s line manager, the post holder that the DPO reports to, the SIRO and Chief Executive?
ANSWER 2: The council are required to give you notice of an exemption in terms of Section 25 of the Freedom of Information (Scotland) Act 2002. This information is exempt where the requester can reasonable obtain he information without making a request for it. The council’s structure is published to the council web site. To aid in you locating the structure, I have copied the hyperlink below:
https://www.westlothian.gov.uk/media/295...

You are free to use the information supplied in this response for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting. Any such use must be in context and must not be misleading. Any other type of re-use, for example by publishing the information in analogue or digital form, including on the internet or commercial use, will require the permission of the intellectual property owner and copyright owner.

Further details as to how to apply to re-use information supplied by us can be found on our website at www.westlothian.gov.uk/freedom-of-inform...

If you have any complaint about the Council's handling of your request for information, you may require the Council to review its actions and decisions in relation to this response. Please write, within 40 working days from the receipt of this information, to Carol Johnston, Chief Solicitor, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston EH54 6FF (Telephone: 01506 281605, email: [email address]). The request should be in writing, email or other permanent format and should state your name, address and specify the original request for information and the reason for your dissatisfaction.

In the event that you have not received a response to your request within 20 working days (allowing time for postage), or if you are dissatisfied with the outcome of the Internal Review, a further right of review exists to the Scottish Information Commissioner. You can apply online: www.itspublicknowledge.info/Appeal or in writing to the Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St. Andrews, Fife, KY16 9DS (01334 464610; email [email address]).

You can apply to the Commissioner for a decision on the manner in which the Council has dealt with your request. The application must be submitted within six months after the date of receipt by you of the outcome of the Internal Review or in the event of the Council failing to comply with the Internal Review within six months of the expiry of the time period for compliance. The application should be in writing, email or other permanent format, state your name, address and the reason for your dissatisfaction with the original response and internal review. Should you then wish to appeal against the Commissioner's decision, there is a right of appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of the Commissioner's decision.

Yours Sincerely

Carol Dunn

West Lothian Council

DATA LABEL: OFFICIAL - Sensitive

In accordance with our Corporate Policy you may be contacted shortly to obtain your views on how we handled your request.

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This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk