Can a relative of the manager be a DPO?
Can the function of the DPO in a specific entity be performed by a relative of those who lead or manage the entity?
The law does not contain a prohibition relating to such a situation. However, in each case, it should be carefully analysed and assessed whether certain family relationships will not affect the independent performance of the tasks and duties of the DPO and will not result in a conflict of interests (Article 38(6) of the GDPR). The essence of the function of the DPO is to objectively and independently perform the tasks specified in the GDPR (Article 39(1), Recital 97 of the GDPR).
The DPO should base his or her actions on the facts of the case under investigation, and should not succumb to any pressure or subordinate his or her opinions to others. His or her overriding goal in any situation should be to ensure that data processing occurs in compliance with the law.