Designation of the DPO in a communal (city) guards located in the structure of the office

Is the communal (city) guard, which is located within the structure of the communal office, required to designate a DPO under the Act of 14 December 2018 on the protection of personal data processed in connection with preventing and combating criminal activity?

Pursuant to Article 10a(2) of the Act of 29 August 1997 on communal guards (Journal of Laws of 2018, item 928, as amended), the controller of personal data processed for the purpose referred to in Article 1(1) of the Act of 14 December 2018 on the protection of personal data processed in connection with preventing and combating criminal activity (Journal of Laws of 2019, item 125) by a communal guard is the guard chief.

The provision of Article 46(1) of the the Act of 14 December 2018 indicates that the controller (as defined in its Article 4(1)) shall designate a data protection officer. Thus, communal and city police chiefs are required to designate a data protection officer (DPO), whether or not they are located within the structure of the communal office.