Data Protection Officer

Caroline Smith made this Freedom of Information request to Fife Council

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The request was successful.

Dear Fife 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

Fife Council

Dear Caroline Smith,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

Thank you for your information request received on 19/08/2020 our ref: 32296 relating to duties relating to DPO and SIRO. This is being dealt with in terms of the Freedom of Information (Scotland) Act 2002.

We are presently assessing your request and may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.

The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we require, to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to provide you with the information you are looking for at an earlier date where possible.

Due to the current circumstances, the majority of Fife Council staff are unable to work in their normal workplace. All requests are being dealt with as quickly as possible, however in some cases this may cause a delay in accessing the data you have requested. In circumstances where a delay is likely to be caused due to problems with access, an update will be provided to you.

Yours sincerely,

Elaine Walters
Information specialist

Elaine Walters, Fife Council

2 Attachments

Dear Caroline Smith,

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

 

I refer to your email dated and received 19/08/2020, our ref 32296. 

 

I am pleased to enclose the information you requested and trust that it
meets your requirements.

 

Request & Response

 

1.      Could you let me know?

 

a.      What position in the Council is designated as Senior Information
Risk Owner (SIRO)?

 

Executive Director – Finance & Corporate Services

 

b.      The name of your Data Protection Officer (DPO)?

 

Fiona Stuart

 

c.      Job title of the DPO, if not just DPO?

 

Data Protection Officer

 

d.      If the DPO also has other duties, approximately how much of their
time is spent on DPO work?

 

Not applicable

 

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):
[1]https://eur01.safelinks.protection.outlo...

 

The need to ensure that conflicts of interest were avoided when
considering the appointment of the DPO was highlighted on 11 July 2017 and
19 December 2017 to the Council’s ICT Governance Board (ICT GB).  This
resulted in Fiona Stuart, Solicitor, being appointed as DPO and the
attached DP roles appendix being approved by the ICT GB.  This includes,
within the structure, processes to be followed in the event that a
conflict of interest arises.  There is no need for this to be reviewed at
present.

 

f.      The line manager of the DPO – i.e. the post that the post holder
reports to. Is it the SIRO?

 

The DPO’s line manager is the Service Manager for Legal Services.  Please
see structure chart attached.

 

g.      Who the DPO reports to in their role as DPO if that differs from
the line manager? Is it the SIRO?

 

Please see DP roles appendix attached as referred to above.

 

h.      At what spinal point is the DPO paid?

 

The DPO salary scale is FC 10 (£45,615 to £49,876).  We are unable to
provide you with the spinal point the DPO is placed on the salary scale as
this information is exempt under Section 38(1)(b) Third Party Data.

 

i.                     Key relevant qualifications that the DPO and SIRO
hold or relevant training completed.

 

DPO: The DPO is a solicitor (LLB (Hons), Diploma in Professional Legal
Practice) and has the DP Practitioner Qualification by Act Now. As a
solicitor, the DPO is required to complete relevant personal development
throughout the year and this includes data protection courses, where
relevant.

 

SIRO: The SIRO has a MBA and has completed SIRO training

 

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?

 

Please see attachments referred to above.

 

I would like to draw your attention to the copyright situation in relation
to the material.

 

The council holds the copyright for all of the material provided and it
may be reproduced free of charge in any format or media without requiring
specific permission. This is subject to the material not being used in a
derogatory manner or in a misleading context. The source of the material
must be acknowledged as Fife Council and the title of the document must be
included when being reproduced as part of another publication or service.

 

The Council does not hold the copyright to all of the material provided
and any further distribution of it without the copyright holder’s
permission is a criminal offence.

 

If you are not satisfied with the way we have handled your request, you
have the right to request a review of the decision. Please write to: Head
of Legal & Democratic Services, Finance & Corporate Services, Fife House,
North Street, Glenrothes, KY7 5LT or e-mail to [email address].
The law provides for you to make this request up to 60 working days from
when we received your enquiry or 40 working days from when you receive
this correspondence whichever is the later date. Where the outcome of the
review fails to resolve the matter to your complete satisfaction you have
the right to apply to the Scottish Information Commissioner for a
decision.www.itspublicknowledge.info/Appeal

 

Fife Council will consider and seek to resolve any request to the Head of
Legal & Democratic Services that falls outside these time scales.

 

Yours sincerely

 

 

Elaine Walters | Information Specialist

Information Management & Requests Team | Customer & Online Services | Fife
Council | Fife House, North Street, Glenrothes, Fife KY7 5LT

Email:  [2][email address]

 

 

 

 

[3]Please remember to wash your hands.

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References

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1. https://eur01.safelinks.protection.outlo...
2. mailto:[email address]
3. https://www.nhsinform.scot/coronavirus
4. http://www.fifedirect.org.uk/privacy