There are several data protection roles and responsibilities organisations should look to appoint to stay compliant with legislation.
Key roles and their responsibilities include:
Data Controllers
Role:
- Determine the purposes and means of processing personal data.
Responsibilities may include:
- Ensure data processing is lawful, fair, and transparent.
- Collect and process only the data necessary for the specified purposes.
- Keep data accurate and up to date.
- Store data only for as long as necessary.
- Implement appropriate security measures to protect data.
- Uphold the rights of individuals, including the right to access, rectify, and erase their data.
- Notify the Information Commissioner’s Office (ICO) of any data breaches within 72 hours if they pose a risk to individuals’ rights and freedoms.
Data Processors
Role:
- Process personal data on behalf of the data controller.
Responsibilities may include:
- Act only on the instructions of the data controller.
- Implement appropriate technical and organisational measures to protect data.
- Assist the data controller in meeting their data protection obligations.
- Ensure all personnel handling data are subject to confidentiality.
- Assist the data controller in ensuring compliance with data subject rights.
- Notify the data controller of any data breaches without undue delay.
Data Protection Officer (DPO)
Role:
- Serve as an independent advocate for the proper handling of personal data.
Responsibilities may include:
- Inform and advise the organisation and employees about their obligations under data protection laws.
- Monitor compliance with data protection laws and internal policies.
- Provide advice regarding Data Protection Impact Assessments (DPIAs).
- Cooperate with the ICO and act as a contact point.
- Ensure adequate and regular staff training on data protection.
- Conduct audits and report on data protection activities within the organisation.
Senior Information Risk Owner (SIRO)
Role:
- Managing and mitigating information risk within an organisation.
Responsibilities may include:
- Develop and maintain an information risk management strategy that aligns with the overall business strategy.
- Ensure that information risks are appropriately identified, assessed, and managed at a strategic level.
- Oversee audits and reviews to ensure the effectiveness of information risk management practices.
- Provide oversight and guidance on the management of information security incidents.
- Ensure effective incident response plans and that these are regularly tested and updated.
- Report on information risk to the board, senior management, and other stakeholders.
- Ensure that policies are regularly reviewed and updated in response to emerging threats and regulatory changes.
- Chair or participate in relevant governance committees, ensuring that information risk is adequately discussed and managed.
- Ensure that staff receive appropriate training and understand their responsibilities regarding information risk.
- Provide leadership on information risk matters to the board and senior management.
- Engage with external stakeholders, such as regulators, industry bodies, and partners, on information risk issues.
Caldicott Guardian (CG)
Role:
- As a result of the 1997 Caldicott Report, the role aims to ensure patient information is handled with respect, integrity, and in accordance with legal and ethical standards across all healthcare systems, particularly the NHS.
Responsibilities may include:
- Ensure that confidentiality of patient information is upheld and that all personal data is used appropriately.
- Provide advice and guidance on the lawful and ethical processing of patient information, making sure that data protection principles are adhered to.
- Facilitating the sharing of patient information when it is necessary for the care and treatment of patients, while ensuring that such sharing is done in a secure and lawful manner.
- Promoting awareness and understanding of data protection issues among staff, and ensuring that training is provided where necessary.
- Identifying and managing risks related to the handling of patient information, and implementing measures to mitigate these risks.
- Ensuring that the organisation complies with relevant legislation and guidelines, such as the Data Protection Act 2018, the General Data Protection Regulation (GDPR), and the NHS Caldicott Principles.
- Monitoring compliance with data protection policies and procedures through audits and regular updates.
- Ensuring that the use of patient information is ethical, appropriate, and justifiable. This includes balancing the need to share information for patient care with the need to protect individual privacy.
- Making decisions about the use and sharing of patient information, especially in complex or sensitive cases, and being accountable for these decisions.
Our Managed Service support option means organisations can hand the responsibilities of the Data Protection Officer and, or, the Caldicott Guardian roles to our experted team, who have held the role many times previously and many of whom have played a key part in developing such roles themselves. Our support options are variable to allow you to choose how much support you may require, whether that is a minimal and occasional guidance when required or to cover all elements of responsibility. It is a hugely popular service and feedback received shows that our clients value the peace of mind in knowing experted support is on hand whenever it is needed.
If you’re interested in our managed service support, please click the links below or contact us for more information.
Managed Data Protection, DPO Consulting – BLS Stay Compliant (bls-staycompliant.co.uk)
Managed Caldicott Guardian Service (bls-staycompliant.co.uk)
