§ 55 BlnDSG
Consultation of the Berlin Commissioner
(1)for Data Protection and Freedom of Information
(2)The controller shall consult the Berlin Commissioner for Data Protection and Freedom of Information before putting into operation newly created filing systems where 1. a data protection impact assessment pursuant to Section 53 indicates that the processing, despite remedial measures, would result in a substantial risk to the rights of data subjects, or 2. the form of the processing, in particular when using new technologies, mechanisms or procedures, results in a substantial risk to the rights of data subjects. The Berlin Commissioner for Data Protection and Freedom of Information may draw up a list of the processing operations that are subject to the obligation to consult pursuant to sentence 1.
(3)In the case of paragraph 1, the following shall be submitted to the Berlin Commissioner for Data Protection and Freedom of Information: 1. the data protection impact assessment carried out pursuant to Section 53, 2. where applicable, information on the respective responsibilities of the controller, joint controllers and processors involved in the processing, 3. information on the purposes and means of the intended processing, 4. information on the measures and safeguards provided for the protection of the rights of data subjects, and 5. the name and contact details of the data protection officer. In addition, all other information the Commissioner requires in order to assess the lawfulness of the processing and, in particular, the risks to the protection of personal data of the data subjects and the related safeguards shall be transmitted upon request.
(4)Where the Berlin Commissioner for Data Protection and Freedom of Information is of the opinion that the planned processing would infringe legal requirements, in particular because the controller has not sufficiently identified the risk or has not taken sufficient remedial measures, the Commissioner may, within a period of six weeks from the initiation of the consultation, submit written recommendations to the controller and, where applicable, the processor on the measures that should still be taken. The Berlin Commissioner for Data Protection and Freedom of Information may extend this period by one month where the planned processing is particularly complex. In this case, the Commissioner shall inform the controller and, where applicable, the processor of the extension within one month of the initiation of the consultation.
(5)Where the intended processing is of substantial significance for the performance of the controller's tasks and is therefore particularly urgent, the controller may commence the processing after the initiation of the consultation but before the expiry of the period referred to in paragraph 3 sentence 1. In this case, the recommendations of the Berlin Commissioner for Data Protection and Freedom of Information shall be taken into account retroactively and the nature and manner of the processing shall be adjusted accordingly where necessary. zur Einzelansicht § 55