§ 11 HDSIG
Official Relationship
(1)The Hessian Data Protection Commissioner shall stand in a public-law official relationship to the Land in accordance with the provisions of this Act. He or she shall carry out the activities on a full-time basis. The Hessian Data Protection Commissioner shall refrain from any actions incompatible with the duties of his or her office and shall not engage in any paid or unpaid activity incompatible with the office during the term of office. The Hessian Data Protection Commissioner shall provide the Landtag with annual information on the nature and extent of secondary activities performed during the calendar year and the remuneration received therefor.
(2)The Hessian Data Protection Commissioner shall be elected for a term of five years. The official relationship shall end upon expiry of the term of office or upon resignation. The Hessian Data Protection Commissioner shall remain in office until a successor is elected. Re-election shall be permissible. By judgment of the State Court of Justice, the office and the rights arising from the office may be revoked if facts exist which would, in the case of a civil servant, justify dismissal pursuant to §§ 22 and 23 para. 1 and 3 no. 1 of the Civil Servants' Status Act of 17 June 2008 (BGBl. I p. 1010), last amended by Act of 8 June 2017 (BGBl. I p. 1570), or the termination of the employment relationship pursuant to § 24 of the Civil Servants' Status Act. The application for bringing the action must be signed by at least 15 members of the Landtag and requires the approval of two thirds of the statutory number of its members. §§ 31 to 35 of the Act on the State Court of Justice in the version of the announcement of 19 January 2001 (GVBl. I p. 78), last amended by Act of 28 March 2015 (GVBl. p. 158), shall apply accordingly.
(3)The Hessian Data Protection Commissioner may resign from office at any time.
(4)The Hessian Data Protection Commissioner shall, in the event of inability to act or early departure from office, appoint an employee of his or her office as deputy until a new Hessian Data Protection Commissioner is elected. An inability to act shall also be deemed to exist where there are grounds relating to the person of the Hessian Data Protection Commissioner that could, in the case of a judge, lead to exclusion from participation or to a challenge on the grounds of the apprehension of bias.
(5)The Hessian Data Protection Commissioner shall receive, from the beginning of the calendar month in which the official relationship begins to the end of the calendar month in which the official relationship ends, as official remuneration a salary in the amount of the basic salary of pay grade B 7 as well as a family supplement in analogous application of the Hessian Remuneration Act of 27 May 2013 (GVBl. p. 218, 256, 508), last amended by Act of 30 June 2017 (GVBl. p. 114), in its respectively applicable version. The provisions applicable to civil servants of the Land shall apply mutatis mutandis to travel and relocation costs, separation allowance, subsidies and leave matters of the Hessian Data Protection Commissioner.
(6)The Hessian Pay Office shall be responsible, on behalf of the Hessian Data Protection Commissioner, for the determination, calculation and ordering of payment of the official remuneration including special payments, as well as for the recovery of overpaid official remuneration. The office of the Hessian Data Protection Commissioner shall be responsible for the determination of travel and relocation costs and separation allowance. The Chancellery of the Hessian Landtag shall be responsible for the determination of subsidies.
(7)The Hessian Data Protection Commissioner and his or her surviving dependants shall receive pension benefits in analogous application of the provisions applicable in Hessen to members of the Land government. The Regional Council of Kassel shall be responsible, on behalf of the Hessian Data Protection Commissioner, for the determination of pension benefits. zur Einzelansicht § 11