§ 13 BlnDSG
Powers
(1)The Berlin Commissioner for Data Protection and Freedom of Information shall, within the scope of application of Regulation (EU) 2016/679, exercise the powers pursuant to Article 58 of Regulation (EU) 2016/679. The Berlin Commissioner for Data Protection and Freedom of Information may, in the event of violations of provisions of Regulation (EU) 2016/679, this Act and other data protection provisions, formally object to these and request a statement within a specified reasonable period, as well as a description of the measures to be taken to remedy the violations.
(2)Where the Berlin Commissioner for Data Protection and Freedom of Information establishes, in the case of data processing by public bodies for purposes outside the scope of application of Regulation (EU) 2016/679, violations of the provisions of this Act or other data protection provisions, or other deficiencies in the processing or use of personal data, the Commissioner shall formally object to this vis-a-vis the controller and request a statement within a reasonable period to be determined by the Commissioner. The Berlin Commissioner for Data Protection and Freedom of Information may refrain from a formal objection or waive a statement, in particular where the deficiencies are immaterial or have already been remedied. The statement shall also include a description of the measures taken on the basis of the formal objection of the Berlin Commissioner for Data Protection and Freedom of Information. The Berlin Commissioner for Data Protection and Freedom of Information may also warn the controller that intended processing operations are likely to violate provisions on data protection contained in this Act and other provisions applicable to the respective data processing.
(3)Insofar as, in the cases of paragraph 1 sentence 2 and paragraph 2 sentence 1, the violations or deficiencies objected to continue to exist even taking into account the statement, the Berlin Commissioner for Data Protection and Freedom of Information may report to the competent committee of the House of Representatives for the respective public body and request inclusion on the agenda of a committee session, if a prior attempt at settlement with the public body has been unsuccessful. This right shall also exist without a prior attempt at settlement if the statement has not been received within the specified period; this shall also apply where the Berlin Commissioner for Data Protection and Freedom of Information requests a further statement from the public body within a reasonable period. The procedure, form and deadline for inclusion on the agenda of the respective competent committee shall be governed by the rules laid down by the House of Representatives. The rights of the Members of Parliament, in particular with regard to the conduct of the committee session, shall remain unaffected. Other rights of the Berlin Commissioner for Data Protection and Freedom of Information, in particular the right under Article 58(3)(b) of Regulation (EU) 2016/679 and under Section 11(2), shall remain unaffected.
(4)The public bodies shall be obliged to grant the Berlin Commissioner for Data Protection and Freedom of Information and their agents 1. access at all times to their official premises, including all data processing equipment and devices, and 2. all information necessary for the fulfilment of their tasks.
(5)The Berlin Commissioner for Data Protection and Freedom of Information shall be entitled to bring violations of provisions of Regulation (EU) 2016/679, this Act and other data protection provisions identified by them to the attention of the competent judicial authorities and to transmit personal data insofar as this is necessary for the conduct of the respective investigation proceedings.
(6)Insofar as it is necessary for the fulfilment of their tasks, the Berlin Commissioner for Data Protection and Freedom of Information may process personal data. This shall also apply to the processing of special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679 insofar as a substantial public interest so requires. A substantial public interest within the meaning of sentence 2 shall exist in particular where the Berlin Commissioner for Data Protection and Freedom of Information performs tasks under Article 57(1)(a), (d) to (h), (l), (o) and (t) of Regulation (EU) 2016/679 and under Section 11(1) nos. 1, 4 to 8 and 10 to 11 as well as Section 46 and Section 68.
(7)Insofar as the Berlin Commissioner for Data Protection and Freedom of Information is the addressee of a decision of the European Data Protection Board, the Commissioner shall have the right to bring an action for annulment of the decision before the Court of Justice of the European Union under the conditions set out in Article 263 of the Treaty on the Functioning of the European Union within two months of its notification.
(8)For the obligation under paragraph 4, the fundamental right to the inviolability of the home (Article 13 of the Basic Law, Article 28(2) sentence 1 of the Constitution of Berlin) shall be restricted during business and operating hours. zur Einzelansicht § 13 Teil 2 Durchführungsbestimmungen für Verarbeitungen zu Zwecken gemäß Artikel 2 der Verordnung (EU) 2016/679 Kapitel 1 Grundsätze der Verarbeitung personenbezogener Daten