By Deirdre Mulligan, Privacy Perspectives
Where should privacy professionals be positioned within the organization?
What level of independence and authority do privacy officers need so that they can embed a value as complicated as privacy—at times in tension with a whole host of bottom-line commitments, from identifying terrorists to placing effective ads —into a complex organization?
And if privacy is to be delivered through designs and defaults, as well as policy, where should privacy professionals be positioned within the firm?
While lots of folks speculate about these things from the outside, we are engaged in research involving almost one hundred interviews of leading privacy officers, regulators and other privacy professionals in the U.S. and four European countries—Germany, France, Spain and the UK—to find answers to these questions grounded in the actual experience of privacy professionals.
The draft EU Data Protection Regulation offers a view on some of these questions from a regulator’s perspective. It envisions a new and enhanced role for data protection officers (DPOs). While the breadth of the ultimate requirement is unclear, the initial proposal requires all public authorities, all companies with more than 250 permanent employees, and companies whose core business is or relies on intense data processing, to appoint a DPO.
DPOs are provided with independence, authority and job protection through provisions that prohibit direction from above, provide for direct reporting to management and protection against firing. The DPO is charged with advising the organization on its data protection obligations and monitoring compliance on the one hand, and facilitating interaction between the supervisory authority and the organization on the other. Finally, the draft regulation requires the DPO to address privacy through design and defaults, reflecting the growing interest of regulators, privacy advocates and privacy professionals in “Privacy by Design.”
These directions bode well for privacy protection.
Specifically, in our research on the role and position of privacy leads in Europe and the U.S., we have found that:
Surprisingly, the two countries where we found these empowered and strategic professionals at the helm couldn’t be more different in terms of regulatory substance and form: Germany and the U.S.2/27/2013