Necesitatea adăugării unor noi ocupații în nomenclatorul COR: analistul în protecția datelor și expertul în protecția datelor
The Necessity of Adding New Occupations in The COR Nomenclature The Data Protection Analyst and The Data Protection Expert

Author(s): Marius Catalin Mitrea
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Universul Juridic
Keywords: GDPR; DPO; Expert; Analyst; Occupation; COR;
Summary/Abstract: Alongside with the adoption of Regulation (EU) 2016/679 (General Data Protection Regulation, hereinafter GDPR), a new occupation appeared at the level of the European Union, namely the Data Protection Officer (DPO). Gradually, the member states of the European Union (in which the GDPR is fully applicable), have added the DPO occupation in their own dedicated nomenclatures. In Romania’s case, the DPO occupation was added to the Classification of Occupations in Romania (COR) by Order 1786/2017 of the Minister of Labor and Social Justice and of the President of the National Institute of Statistics and received the COR code 242231. In practice, however, at an advanced level of both qualitative and quantitative maturity, it is impossible for a single natural person to fulfill all the duties assigned to the DPO (art. 39 of the GDPR). Thus, the entities that wanted to pay more attention to the protection and confidentiality of personal data, had to create specific functions, assimilated in the internal organizational charts with different designations (data protection analyst, data protection expert, data protection specialist, data protection coordinator, etc.), but without clear equivalence in COR. The assimilations with occupations already registered in COR were various, from analyst (COR code 251201) and information analyst (COR code 242224) to process improvement specialist (COR code 242102), legal adviser (COR code 261103) and others. The transitional situation for specialists carrying out their professional activity in the field of personal data protection - other than DPOs - needs to find stability and homogeneity, while the attention of researchers and practitioners should turn to all categories of specialists of the domain. One of the first measures that would be required in order to eliminate ambiguity, relativity, but also functional inconsistencies, might be the addition of the data protection analyst (with limited, analysis duties), respectively the data protection expert (with extended duties) in Classification of occupations in Romania.

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