Art. 34 BayDSG
Supervision by the State Commissioner for Data Protection
(1)Art. 57 para. 1 letters j to s, u and v GDPR and Art. 58 para. 1 letter c, para. 2 letters c to j, para. 3 letters c to j GDPR shall not apply. Where the State Commissioner exercises the rights of the data subject on their behalf, he shall also review the lawfulness of the processing and inform the data subject of the result of this review within a reasonable period, or communicate the reasons why the review cannot be carried out. The communication to the data subject shall not allow conclusions to be drawn about the state of knowledge of the controller, unless the latter consents to more extensive disclosure.
(2)Supervision by the State Commissioner over the collection of personal data by criminal prosecution authorities during the investigation, detection or prosecution of criminal offences shall only be permissible after the conclusion of the criminal proceedings. It shall not extend to data processing that has been subject to judicial review. Sentences 1 and 2 shall apply accordingly to the enforcement of sentences.
(3)Where a complaint is filed with a supervisory authority that is not competent in substance, it shall forward the complaint without undue delay to the competent supervisory authority and inform the complainant. In such case, the forwarding body shall inform the data subject of the forwarding and, at their request, provide further assistance.