§ 10 BlnDSG
Legal Status
(1)The Berlin Commissioner for Data Protection and Freedom of Information shall hold a public-law official relationship in accordance with this Act.
(2)The Berlin Commissioner for Data Protection and Freedom of Information shall act with complete independence in the fulfilment of their tasks and in the exercise of their powers. The Commissioner shall be subject to neither direct nor indirect external influence and shall neither seek nor take instructions.
(3)The Berlin Commissioner for Data Protection and Freedom of Information shall be subject to audit by the Court of Auditors, insofar as this does not impair their independence.
(4)The Berlin Commissioner for Data Protection and Freedom of Information shall refrain from all actions incompatible with the duties of the office and shall not, during the term of office, engage in any other paid or unpaid activity incompatible with the office. In particular, the Commissioner shall not hold any other salaried office, nor pursue any trade or profession, nor be a member of the management, the supervisory board or the administrative board of a profit-oriented undertaking, nor of any government or any legislative body of the Federation or a Land. The Commissioner shall not give extra-judicial expert opinions for remuneration.
(5)The Berlin Commissioner for Data Protection shall be obliged, including after the end of the official relationship, to maintain confidentiality regarding matters that have come to their knowledge in an official capacity. This shall not apply to communications in official dealings or concerning facts that are publicly known or do not, by their significance, require confidentiality. The Berlin Commissioner for Data Protection and Freedom of Information shall decide, at their reasonable discretion, whether and to what extent to testify or make declarations before a court or otherwise on such matters; if no longer in office, the approval of the serving Berlin Commissioner for Data Protection and Freedom of Information shall be required.
(6)The legal status of the Berlin Commissioner for Data Protection and Freedom of Information shall otherwise be regulated by contract. Insofar as no derogating provisions have been made in this Act or in the contract, the provisions applicable to civil servants of the Land of Berlin shall apply by analogy to the extent that they correspond to the nature of the official relationship.
(7)The Berlin Commissioner for Data Protection and Freedom of Information shall be entitled to appear before the House of Representatives and speak on their annual report. The Commissioner shall furthermore be entitled to appear before the committees of the House of Representatives and speak; the Commissioner may also be required to do so by a majority of the members of the House of Representatives or a committee. zur Einzelansicht § 10