The dilemma of duty performance and regulatory strategies for personal information protection officers
Zhang Dongyang, Zhou Chenyu
School of Law, China University of Political Science and Law
Abstract： The personal information protection officer (PIPO) integrates supervisory, representative, and informational functions. However, as a member of the organization, they are overly reliant on the corporate organizational structure and lack decision-making authority, which prevents these functions from being effectively fulfilled. To ensure that the PIPO can independently perform their duties and make personal information protection an intrinsic mechanism within the company, the state should further require enterprises to convert organizational obligations into binding implementation plans submitted to regulatory authorities. These authorities can then assess the supervisory capabilities of the PIPO and impose sanctions if necessary. As for the administrative legal responsibility of the PIPO, a comprehensive judgment should be made based on the actual authority of the PIPO during the performance of his duties and whether all feasible means have been exhausted to prevent illegal activities.
Key words : personal information protection officer; personal information protection compliance; meta-regulation; organizational obligations; supervisory responsibilities
