Does the appointment of a DPO fall within the scope of s112 of the LGA 1972?

Question

Does the appointment of a Data Protection Officer at a parish council fall within the scope of section 112 of the Local Government Act 1972?

Thank you.

Answer 1

A bit of a mixture of legislation involved here but the DPA 2018  s7(3) states that parish councils are not considered to be a public authority for the proposes of GDPR so do not need to appoint a DPO.  However, the ICO advice is that all parish councils need to consider their own circumstances as to whether that should apply.
s112 in effect gives a parish councils the authority to appoint staff to carry out their functions so I would suggest that if, having considered the circumstances, your council feels a DPO is relevant to your functions, you have the power to appoint by virtue of s112.

Comments

Thank you for your advice.

Answer 2

In short, if you are referring to paid member of staff with a contract of employment then the answer is yes.  You also need to couple this with Section 7(1) of the Local Government and Housing Act 1989.