§ 6 HDSIG
Legal Position
(1)The public body shall ensure that the data protection officer is properly and in a timely manner involved in all matters relating to the protection of personal data.
(2)The public body shall support the data protection officer in the performance of his or her tasks pursuant to § 7 by providing the resources necessary for the performance of these tasks and access to personal data and processing operations, as well as the resources necessary for maintaining his or her expert knowledge. In particular, the data protection officer shall be relieved of other tasks to the extent necessary.
(3)The public body shall ensure that the data protection officer does not receive any instructions regarding the exercise of these tasks. The data protection officer shall directly report to and be subject to the highest management level of the public body. The data protection officer may not be dismissed or placed at a disadvantage by the public body on account of the performance of his or her tasks.
(4)Employees of the public bodies may contact the data protection officer on all matters relating to data protection without observing the official channels. Data subjects may consult the data protection officer on all matters relating to the processing of their personal data and the exercise of their rights under Regulation (EU) No 2016/679, this Act and other data protection provisions. The data protection officer shall be obliged to maintain confidentiality regarding the identity of the data subject who has entrusted facts to him or her in the capacity as data protection officer. The obligation of confidentiality shall also extend to the circumstances that allow conclusions to be drawn about the data subject, as well as to those facts themselves, unless the data protection officer is released therefrom by the data subject.
(5)Where the data protection officer, in the course of his or her activities, gains knowledge of data for which the head or an employee of the public body has the right to refuse to give evidence for professional reasons, this right shall also apply to the data protection officer and the employees subordinate to him or her. The decision on the exercise of this right shall be made by the person to whom the right to refuse to give evidence belongs for professional reasons, unless this decision cannot be obtained within a foreseeable time. Insofar as the right to refuse to give evidence of the data protection officer extends, his or her files and other documents shall be subject to a prohibition on seizure. zur Einzelansicht § 6