§ 16 BDSG
Powers
(1)Within the scope of application of Regulation (EU) 2016/679, the Federal Commissioner shall exercise the powers pursuant to Article 58 of Regulation (EU) 2016/679. Where the Federal Commissioner concludes that violations of data protection provisions or other deficiencies in the processing of personal data exist, he or she shall notify the competent legal or technical supervisory authority thereof and, before exercising the powers under Article 58 Subsection (2)(b) to (g), (i) and (j) of Regulation (EU) 2016/679 against the controller, shall give that authority the opportunity to comment within a reasonable period. The opportunity to comment may be dispensed with where an immediate decision appears necessary due to imminent danger or in the public interest, or where an overriding public interest precludes it. The comment should also contain a description of the measures taken as a result of the notification by the Federal Commissioner.
(2)Where the Federal Commissioner establishes, in the case of data processing by public bodies of the Federation for purposes outside the scope of application of Regulation (EU) 2016/679, violations of the provisions of this Act or of other provisions relating to data protection or other deficiencies in the processing or use of personal data, he or she shall file a complaint with the competent supreme federal authority and request a response within a period to be determined by him or her. The Federal Commissioner may refrain from filing a complaint or waive a response, in particular where the deficiencies are minor or have since been remedied. The response should also contain a description of the measures taken as a result of the complaint by the Federal Commissioner. The Federal Commissioner may also warn the controller that intended processing operations are likely to violate the provisions of this Act and other provisions on data protection applicable to the respective data processing.
(3)The powers of the Federal Commissioner shall also extend toThe fundamental right of privacy of correspondence, posts and telecommunications under Article 10 of the Basic Law shall be restricted to this extent. 1 personal data obtained by bodies subject to his or her supervision relating to the content and the further circumstances of postal and telecommunications traffic and; 2 personal data which are subject to a special official secret, in particular tax secrecy pursuant to Section 30 of the Fiscal Code.
(4)The public bodies of the Federation shall be obliged to grant the Federal Commissioner and his or her delegatesFor non-public bodies, the obligation under the first sentence, No. 1 shall apply only during customary business and operating hours. 1 access at all times to the premises and offices, including all data processing systems and devices, as well as to all personal data and information necessary for the performance of his or her tasks and; 2 all information necessary for the performance of his or her tasks.
(5)The Federal Commissioner shall work towards cooperation with the public bodies responsible for monitoring compliance with data protection provisions in the Länder, as well as with the supervisory authorities pursuant to Section 40. The second half-sentence of Section 40 Subsection (3), first sentence, shall apply accordingly.