§ 25 DSG NRW
Establishment and legal status
(1)The State Commissioner for Data Protection and Freedom of Information shall be the supervisory authority within the meaning of Article 51 of Regulation (EU) 2016/679. The Landtag shall elect, upon the proposal of the Land government, the head of the supervisory authority for data protection with more than half the statutory number of its members. The head of the supervisory authority for data protection shall at the same time be the State Commissioner for Freedom of Information. He or she must hold the qualification for judicial office or for career group 2, second entry level, and possess the professional knowledge and experience required for the fulfilment of his or her tasks pursuant to Article 53(2) of Regulation (EU) 2016/679. The official title shall be 'The State Commissioner for Data Protection and Freedom of Information'.
(2)The State Commissioner for Data Protection and Freedom of Information shall be a Land authority independent of the Land government. The authority shall have its seat in Düsseldorf. He or she shall be the supreme service authority and shall take decisions pursuant to Section 37 of the Civil Service Status Act of 17 June 2008 (BGBl. I p. 1010) in the version applicable from time to time for himself or herself and his or her employees on his or her own responsibility. The employees shall be subject only to his or her instructions.
(3)The State Commissioner for Data Protection and Freedom of Information shall be appointed for a term of eight years as a civil servant in a fixed-term public law relationship. Re-election shall be permitted once. After the end of the term of office, he or she shall remain in office until the appointment of a successor. The State Commissioner for Data Protection and Freedom of Information shall appoint a member of staff as deputy. The deputy shall conduct business in the event of absence.
(4)For the civil service law matters of the State Commissioner for Data Protection and Freedom of Information in person, the Ministry responsible for internal affairs shall be competent, with the proviso that the exercise of competence shall not impair the independence of the State Commissioner for Data Protection and Freedom of Information.
(5)The official relationship shall begin upon delivery of the certificate of appointment. The official relationship shall end, in addition to the grounds referred to in Article 53(3) of Regulation (EU) 2016/679, upon the resignation of the State Commissioner for Data Protection and Freedom of Information. The judicial service courts shall decide on a dismissal for serious misconduct of the State Commissioner for Data Protection and Freedom of Information in person. The provisions of the Land Judiciary and Public Prosecutors Act of 8 December 2015 (GV. NRW. p. 812) in the version applicable from time to time shall apply to proceedings before the judicial service courts. The powers attributed to the institution initiating proceedings under these provisions shall be exercised by the President of the Landtag. The non-permanent associate judges of the judicial service court must be members of the administrative judiciary.
(6)The State Commissioner for Data Protection and Freedom of Information shall be shown in the budget of the Landtag in a separate chapter. Section 28(3) and Section 29(3) of the Land Budget Code in the version of the announcement of 26 April 1999 (GV. NRW. p. 158) in the version applicable from time to time shall apply accordingly. The State Commissioner for Data Protection and Freedom of Information shall be subject to audit by the State Court of Auditors, insofar as his or her independence is not impaired thereby.
(7)The State Commissioner for Data Protection and Freedom of Information shall be competent for all civil service and disciplinary law decisions as well as all labour law decisions vis-a-vis his or her employees. His or her inclusion in the personnel exchange within the Land administration shall be ensured. The State Commissioner for Data Protection and Freedom of Information may agree with the Ministry responsible for internal affairs on further details regarding personnel recruitment and personnel administration.
(8)The State Commissioner for Data Protection and Freedom of Information may address the Landtag at any time.