§ 38 LDSG RP
Position
(1)The public body shall ensure that the data protection officer is properly and in a timely manner involved in all issues 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 Section 39, by providing the resources necessary for the performance of those tasks, access to personal data and processing operations and the resources necessary to maintain his or her expert knowledge.
(3)The public body shall ensure that the data protection officer does not receive any instructions regarding the exercise of his or her tasks. The data protection officer shall report directly to the highest management level of the public body. The data protection officer shall not be dismissed or penalised by the public body for the performance of his or her tasks.
(4)The removal of the data protection officer shall only be permissible in accordance with Section 626 of the Civil Code. Termination of the employment relationship shall be unlawful unless the public body is entitled to terminate the employment for cause without observance of a notice period.
(5)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 Part 3 of this Act. The data protection officer shall be obliged to maintain secrecy concerning the identity of the data subjects and circumstances permitting conclusions about the data subjects, unless he or she has been released therefrom by the data subjects.
(6)Where the data protection officer, in the course of his or her activity, obtains knowledge of data in respect of which the head of the public body or a person employed by it is entitled to refuse to testify for professional reasons, this right shall also extend to the data protection officer and to the persons employed by him or her. The decision on the exercise of this right shall be taken by the person entitled to refuse to testify for professional reasons, unless that decision cannot be brought about within a foreseeable time. Insofar as the right of the data protection officer to refuse to testify extends, his or her files and other documents shall be subject to a prohibition on seizure. zur Einzelansicht § 38