§ 9 BlnDSG
Appointment and Termination of the Official Relationship
(1)The Berlin Commissioner for Data Protection and Freedom of Information shall be elected by the House of Representatives with the votes of the majority of its members and appointed by the President of the House of Representatives. The Commissioner shall at the same time perform the tasks of the Land Commissioner for the Right of Access to Files pursuant to Section 18(1) of the Berlin Freedom of Information Act of 15 October 1999 (GVBl. p. 561), as last amended by Article 21 of the Act of 2 February 2018 (GVBl. p. 160), and shall bear the official title 'Berlin Commissioner for Data Protection and Freedom of Information' in the female or male form. The Berlin Commissioner for Data Protection and Freedom of Information must possess the qualifications, experience and expertise, particularly in the field of the protection of personal data, required for the fulfilment of their tasks and the exercise of their powers. The Commissioner must possess knowledge of data protection law acquired through relevant professional experience and qualification for judicial office or for the higher administrative service.
(2)The Berlin Commissioner for Data Protection and Freedom of Information shall take the following oath before the President of the House of Representatives: 'I swear to conduct my office justly and impartially, in accordance with the Basic Law, the Constitution of Berlin and the laws, and to devote all my efforts thereto, so help me God.' The oath may also be taken without a religious affirmation.
(3)The term of office shall be five years. The official relationship shall end upon expiry of the term of office, by dismissal or resignation. After the end of the term of office, the Berlin Commissioner for Data Protection and Freedom of Information shall, at the request of the Presidium of the House of Representatives, remain in office until the appointment of a successor, but for no longer than nine months. A single re-election shall be permissible. Before the expiry of the term of office, the Berlin Commissioner for Data Protection and Freedom of Information may be dismissed if the Commissioner has committed a serious misconduct or no longer fulfils the conditions required for the performance of the duties. zur Einzelansicht § 9