§ 5 BlnDSG
Position
(1)The public body shall ensure that the data protection officer is properly and promptly involved in all matters relating to the protection of personal data.
(2)The public body shall support the data protection officer in the fulfilment of their tasks pursuant to Section 6 by providing the resources necessary for the fulfilment of those tasks and access to personal data and processing operations, as well as the resources necessary for the maintenance of their expert knowledge.
(3)The public body shall ensure that the data protection officer does not receive any instructions regarding the exercise of their tasks. The data protection officer shall report directly to the highest level of management of the public body. The data protection officer shall not be dismissed or disadvantaged by the public body for the fulfilment of their tasks.
(4)The dismissal of the data protection officer shall only be permissible by analogous application of Section 626 of the Civil Code. Termination of the employment relationship shall be impermissible, unless facts exist that entitle the public body to terminate for good cause without observing a notice period. After the end of the activity as data protection officer, termination of the employment relationship within one year shall be impermissible, unless the public body is entitled to terminate for good cause without observing a notice period.
(5)Data subjects may consult the data protection officer on all matters relating to the processing of their personal data and the exercise of their rights under Regulation (EU) 2016/679, this Act and other data protection provisions. The data protection officer shall be obliged to maintain confidentiality regarding the identity of data subjects and circumstances that allow conclusions to be drawn about data subjects, unless released from this obligation by the data subjects.
(6)Where the data protection officer, in the course of their activity, gains knowledge of data in respect of which the management or an employee of the public body has a right to refuse to give evidence for professional reasons, this right shall also extend to the data protection officer and the employees subordinate to them. The decision on the exercise of this right shall be made by the person who has the right to refuse to give evidence for professional reasons, unless this decision cannot be obtained within a foreseeable period. Insofar as the right to refuse to give evidence of the data protection officer extends, their files and other documents shall be subject to a prohibition of seizure. zur Einzelansicht § 5