第 39 條 GDPR. 資料保護員之職務
Article 39 GDPR. Tasks of the data protection officer
1. The data protection officer shall have at least the following tasks:
(a) 依本規則及其他歐盟或會員國法之資料保護規定通知並建議控管 者或處理者及執行其義務之員工；
(a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions;
(b) 監督本規則、其他歐盟或會員國法之資料保護規定及與個人資料 保護相關對控管者或處理者之政策，包括責任分配、提高認識及工作 人員關於處理活動之訓練、以及相關審計之遵循；
(b) to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
(c) 於受資料保護影響評估請求時，提供建議，並依第 35 條監督其執 行；
(c) to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35;
(d) to cooperate with the supervisory authority;
(e) 於處理相關之議題，包括第 36 條所稱之事前諮詢時，擔任監管機 關之連絡站，並於適當時提供其他事項之諮詢；
(e) to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.
2. 資料保護員於執行其職務時，應考量處理之本質、範圍、脈絡及 目的，適當考慮處理活動所涉風險，
2. The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing.
3.2. Necessary resources
Article 38(2) of the GDPR requires the organisation to support its DPO by ‘providing resources necessary to carry out [their] tasks and access to personal data and processing operations, and to maintain his or her expert knowledge’. The following items, in particular, are to be considered:
• active support of the DPO’s function by senior management (such as at board level)
• sufficient time for DPOs to fulfil their duties. This is particularly important where an internal DPO is appointed on a part-time basis or where the external DPO carries out data protection in addition to other duties. Otherwise, conflicting priorities could result in the DPO’s duties being neglected. Having sufficient time to devote to DPO tasks is paramount. It is a good practice to establish a percentage of time for the DPO function where it is not performed on a full-time basis. It is also good practice to determine the time needed to carry out the function, the appropriate level of priority for DPO duties, and for the DPO (or the organisation) to draw up a work plan
• adequate support in terms of financial resources, infrastructure (premises, facilities, equipment) and staff where appropriate
• official communication of the designation of the DPO to all staff to ensure that their existence and function are known within the organisation
• necessary access to other services, such as Human Resources, legal, IT, security, etc., so that DPOs can receive essential support, input and information from those other services
• continuous training. DPOs must be given the opportunity to stay up to date with regard to developments within the field of data protection. The aim should be to constantly increase the level of expertise of DPOs and they should be encouraged to participate in training courses on data protection and other forms of professional development, such as participation in privacy fora, workshops, etc.
• given the size and structure of the organisation, it may be necessary to set up a DPO team (a DPO and his/her staff). In such cases, the internal structure of the team and the tasks and responsibilities of each of its members should be clearly drawn up. Similarly, when the function of the DPO is exercised by an external service provider, a team of individuals working for that entity may effectively carry out the tasks of a DPO as a team, under the responsibility of a designated lead contact for the client.