Questio n: What is the role of the DPO in a DPIA?

According to Article 39(1)(c) of the GDPR, a key task of the Data Protection Officer (DPO) is "to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35." The European Data Protection Board (EDPB) guidelines clarify this advisory role, stating that the controller should seek the DPO's advice on whether or not a DPIA is necessary. While the ultimate responsibility for the DPIA lies with the controller, the DPO's expert advice on its necessity, methodology, and risk mitigation is a fundamental part of the process.

A. Conduct the DPIA. This is incorrect. The controller is responsible for ensuring and carrying out the DPIA, not the DPO. The DPO's role is to advise and monitor.
C. Record the DPIA outcomes. This is an administrative task for which the controller is ultimately responsible. The DPO monitors performance and documentation but does not own the recording process.
D. Approve the DPIA and ensure all risks are eliminated. The DPO advises but does not have approval authority; that rests with the controller. Furthermore, a DPIA aims to mitigate risks to an acceptable level, not necessarily eliminate them entirely.

1. General Data Protection Regulation (EU) 2016/679:

Article 35(2): "The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment."

Article 39(1)(c): Specifies the DPO's task is "to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35."

2. European Data Protection Board (EDPB) - formerly Article 29 Working Party, Guidelines on Data Protection Impact Assessment (DPIA) and determining whether processing is “likely to result in a high risk” for the purposes of Regulation 2016/679, WP248 rev.01, Adopted on 4 April 2017, as last Revised and Adopted on 4 October 2017.

Section III.B, Page 10: "The controller should seek the advice of the DPO, who should help the controller to carry out the DPIA. This advice could cover... whether or not to carry out a DPIA..."

3. European Data Protection Board (EDPB) - formerly Article 29 Working Party, Guidelines on Data Protection Officers ('DPOs'), WP243 rev.01, Adopted on 13 December 2016, as last Revised and Adopted on 5 April 2017.

Section 3.3, Page 16: "The controller should seek the DPO’s advice on the following issues, amongst others: whether or not to carry out a DPIA; what methodology to follow when carrying out a DPIA..."

4. University of Groningen, Courseware on GDPR, "The Role of the Data Protection Officer."

The course materials emphasize the DPO's advisory and monitoring capacity as distinct from the controller's decision-making and implementation responsibilities, citing the EDPB guidelines on the DPO's role in advising on the necessity of a DPIA.