4.5.2016
EN
Official Journal of the European Union
L 119/55
(e) the data protection impact assessment provided for in Article 35; and
(f) any other information requested by the supervisory authority.
4.
Member States shall consult the supervisory authority during the preparation of a proposal for a legislative
measure to be adopted by a national parliament, or of a regulatory measure based on such a legislative measure, which
relates to processing.
5.
Notwithstanding paragraph 1, Member State law may require controllers to consult with, and obtain prior author
isation from, the supervisory authority in relation to processing by a controller for the performance of a task carried out
by the controller in the public interest, including processing in relation to social protection and public health.
S ec ti on 4
D a t a p ro t ecti on o ff icer
Article 37
Designation of the data protection officer
1.
The controller and the processor shall designate a data protection officer in any case where:
(a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;
(b) the core activities of the controller or the processor consist of processing operations which, by virtue of their
nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale;
or
(c) the core activities of the controller or the processor consist of processing on a large scale of special categories of
data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.
2.
A group of undertakings may appoint a single data protection officer provided that a data protection officer is
easily accessible from each establishment.
3.
Where the controller or the processor is a public authority or body, a single data protection officer may be
designated for several such authorities or bodies, taking account of their organisational structure and size.
4.
In cases other than those referred to in paragraph 1, the controller or processor or associations and other bodies
representing categories of controllers or processors may or, where required by Union or Member State law shall,
designate a data protection officer. The data protection officer may act for such associations and other bodies
representing controllers or processors.
5.
The data protection officer shall be designated on the basis of professional qualities and, in particular, expert
knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39.
6.
The data protection officer may be a staff member of the controller or processor, or fulfil the tasks on the basis of
a service contract.
7.
The controller or the processor shall publish the contact details of the data protection officer and communicate
them to the supervisory authority.
Article 38
Position of the data protection officer
1.
The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely
manner, in all issues which relate to the protection of personal data.