Art. 19 BayDSG
Independence and Legal Status (on Art. 52 to 54 GDPR)
(1)A person may be appointed as head of a supervisory authority who
(2)has reached the age of 35 at the time of appointment,
(3)meets the requirements for entry into the fourth qualification level, and
(4)can demonstrate the necessary knowledge of data protection law through relevant professional experience.
(5)Reappointment shall be permissible.
(6)Where a civil servant or judge with life tenure is appointed as head of a supervisory authority, he shall be deemed to be on leave without pay for the duration of the term of office. Art. 6 of the Court of Auditors Act shall apply accordingly to disciplinary measures against the head of a supervisory authority.
(7)The positions of the supervisory authorities shall be filled on the proposal of the head of the respective supervisory authority. The staff may, unless the supervisory authority itself is competent for such orders, be transferred, seconded or reassigned only with the head's consent. The head of a supervisory authority shall be the superior of the staff. The staff shall be bound only by his instructions in their activities and shall be subject exclusively to his supervisory authority. The supervisory authority shall be the supreme service authority within the meaning of Section 96 of the Code of Criminal Procedure (StPO), Art. 6 para. 3 sentence 3 of the Bavarian Civil Service Act and Art. 18 para. 2 sentence 1 of the Bavarian Disciplinary Act. The head of a supervisory authority may, in individual cases, delegate disciplinary powers in whole or in part to the Bavarian State Attorney's Office.
(8)The head of a supervisory authority shall not
(9)pursue any trade, profession or other paid office,
(10)be a member of the management, supervisory board or administrative board of a profit-oriented undertaking,
(11)be a member of any government, any legislative body of the Federation or a Land, or any municipal representative body,
(12)act as an arbitrator for remuneration, give extra-judicial expert opinions or deliver lectures for remuneration, or
(13)engage in any other activities that are incompatible with the office or could impair independence.
(14)Sentence 1 no. 5 shall also apply to former heads for two years after leaving office.
(15)The head of a supervisory authority and its staff shall be subject to the confidentiality obligations applicable to civil servants, regardless of the specific form of their personal service relationship. The head of a supervisory authority shall decide, at his reasonable discretion, whether and to what extent he and the staff of the supervisory authority shall testify or make declarations before a court or otherwise on matters that are subject to this duty of confidentiality; if no longer in office, the approval of the serving head of the supervisory authority shall be required.
(16)The levying of fees for official acts of the supervisory authorities shall be determined by the Cost Act. Without prejudice to Art. 57 para. 4 GDPR, official acts shall be free of charge for the data subject and for the data protection officer. The supervisory authorities shall be subject to auditing by the Supreme Audit Office only insofar as their independence is not thereby impaired.