Art. 16 BayDSG
Supplementary Rights and Powers (on Art. 57, 58 GDPR)
(1)The State Commissioner shall be supported by all public bodies in the fulfilment of his tasks. All information necessary for the fulfilment of his tasks shall be provided to him and, upon request, all documents relating to the processing of personal data shall be submitted for inspection. He shall have unimpeded access to all official premises in which public bodies process data.
(2)The obligations pursuant to para. 1 shall apply to
(3)institutions of the administration of justice, insofar as they are engaged in criminal prosecution, enforcement or execution of sentences,
(4)authorities, insofar as they administer taxes or are engaged in criminal prosecution or administrative fine proceedings, and
(5)the police and constitutional protection authorities
(6)only vis-a-vis the State Commissioner himself and vis-a-vis persons specifically authorised by him in writing. Para. 1 sentences 2 and 3 shall not apply to these bodies insofar as the competent State Ministry determines in the individual case that the provision of information or inspection would endanger the security of the Free State of Bavaria, another Land or the Federation.
(7)The State Chancellery and the State Ministries shall inform the State Commissioner in a timely manner of their drafts of legislation and administrative regulations of the Free State of Bavaria and of their plans for significant data processing procedures.
(8)Without prejudice to the provisions of Art. 58 GDPR, the State Commissioner may formally object to identified violations of this Act or other data protection provisions and demand their rectification within a reasonable period. He may notify the body responsible for ensuring data protection pursuant to Art. 3 para. 1, as well as the legal and technical supervisory authority. Where the violations objected to are not rectified, the State Commissioner may demand suitable measures from the bodies referred to in sentence 2 within a reasonable period. After fruitless expiry of the period, the State Commissioner may notify the Landtag and the State Government.