§ 18 DSG M-V
Rights and duties
(1)In addition to Article 52(3) of Regulation (EU) 2016/679, the member of the supervisory authority may not, in addition to the office, hold any other remunerated office, engage in any trade or profession incompatible with the duties of the office, and may not belong to the management, supervisory board or administrative board of any profit-oriented enterprise, nor to any government or legislative body of the Federation or a Land. The member may not provide remunerated extra-judicial expert opinions. Where a civil servant of the Land of Mecklenburg-Western Pomerania is appointed as member of the supervisory authority, Section 4 of the State Ministerial Act shall apply accordingly.
(2)The member of the supervisory authority shall notify the President of the state parliament of gifts received in relation to the office. The President of the state parliament shall decide on the use of the gifts. He or she may issue procedural rules.
(3)The member of the supervisory authority shall, even after the end of the official relationship, be obligated to maintain confidentiality regarding matters that have come to his or her knowledge in an official capacity. This shall not apply to communications in official dealings or regarding facts that are publicly known or that, by their nature, do not require confidentiality. The member of the supervisory authority shall decide at his or her discretion whether and to what extent he or she testifies or makes statements on such matters in court or out of court; where the member is no longer in office, the approval of the serving member of the supervisory authority shall be required. The statutory duty to report criminal offences and to advocate for the preservation of the free democratic basic order where it is endangered shall remain unaffected.
(4)The member of the supervisory authority shall decide on the exercise of the right to refuse to give testimony pursuant to Section 13(3) of the Federal Data Protection Act. The member may testify as a witness, unless the testimony would 1. be detrimental to the welfare of the Federation or a Land, in particular be detrimental to the security of the Federal Republic of Germany or its relations with other states, or 2. violate fundamental rights. Where the testimony concerns ongoing or concluded proceedings attributable or potentially attributable to the core area of executive self-responsibility of the state government, the member of the supervisory authority may only testify in consultation with the state government. Section 25(2) of the State Constitutional Court Act shall remain unaffected.
(5)The member of the supervisory authority shall be the supreme service authority within the meaning of Section 96 of the Code of Criminal Procedure and the supreme supervisory authority within the meaning of Section 99 of the Code of Administrative Court Procedure, Section 119 of the Social Court Act and Section 86 of the Fiscal Court Act. zur Einzelansicht § 18