§ 18 NDSG
Supervisory authority, legal status of the Land Commissioner for Data Protection
(1)1The Land Commissioner for Data Protection shall head a supreme Land authority independent of the Land Government, with its seat in Hannover. 2This authority shall be the supervisory authority within the meaning of Article 51(1) of the General Data Protection Regulation for data processing within the scope of application of the provisions of this Part.
(2)In addition to the qualifications, experience and expertise required pursuant to Article 53(2) of the General Data Protection Regulation, in particular in the field of the protection of personal data, the Land Commissioner for Data Protection should have the qualification to hold judicial office.
(3)1The Land Commissioner for Data Protection shall, following election by the Land Parliament, be appointed to a civil-service relationship for a fixed term of eight years. 2Re-election shall be permissible once. 3The term of office shall be extended until the appointment of a successor, but by no more than six months.
(4)1No age limit shall apply to the Land Commissioner for Data Protection. 2§ 37 NBG shall not apply.
(5)1Dismissal pursuant to Article 53(4) of the General Data Protection Regulation shall be effected by a resolution of the Land Parliament. 2The resolution shall require a majority of two thirds of the members of the Land Parliament.
(6)1The authority headed by the Land Commissioner for Data Protection shall select its own personnel. 2The personnel shall be subject exclusively to the direction of the Land Commissioner for Data Protection. 3Insofar as service-related powers are vested in the Land Government, positions shall be filled on the proposal of the authority headed by the Land Commissioner for Data Protection. 4Insofar as service-related powers are vested in the Land Government, employees may not be transferred, seconded or reassigned without their consent except with the agreement of the authority headed by the Land Commissioner for Data Protection.
(7)1The authority headed by the Land Commissioner for Data Protection may delegate personnel administration tasks in whole or in part to another authority. 2In that case, personal data from the personnel file may also be transmitted to and processed by that authority without the consent of the data subject, insofar as this is necessary for the performance of the delegated task.
(8)The Land Court of Audit shall conduct the audit of the authority headed by the Land Commissioner for Data Protection in such a manner that the independence within the meaning of Article 52(1) of the General Data Protection Regulation is not impaired.