§ 42 LDSG RP
Powers
(1)Where the State Commissioner for Data Protection and Freedom of Information establishes violations of the provisions of this Act or other data protection provisions or other deficiencies in the processing or use of personal data for the purposes referred to in Section 26(1), he or she shall object to such violations in the case of a public body 1. of the Land vis-a-vis the competent supreme Land authority, 2. of a municipality, a municipal association, a district or any other body, institution or foundation under public law subject to the supervision of the Land or of a municipality, a municipal association or a district, as well as an association of such bodies, institutions or foundations vis-a-vis the body authorised to represent it, and shall request a statement within a reasonable period. In the cases referred to in sentence 1 No. 2, the State Commissioner for Data Protection and Freedom of Information shall simultaneously inform the competent supervisory authority. The statement should also contain a description of the measures that have been taken as a result of the objection by the State Commissioner for Data Protection and Freedom of Information. The State Commissioner for Data Protection and Freedom of Information may refrain from an objection or waive a statement, in particular if the deficiencies are minor or have since been remedied. The State Commissioner for Data Protection and Freedom of Information may also warn the controller that intended processing operations are likely to violate provisions contained in this Act and other provisions on data protection applicable to the respective data processing.
(2)In case of violations pursuant to paragraph 1 sentence 1, the State Commissioner for Data Protection and Freedom of Information may furthermore order 1. processing operations to be brought into line with the provisions of this Act or other data protection provisions, where appropriate in a specified manner or within a specified period, 2. personal data to be rectified, 3. the processing of personal data to be restricted, 4. personal data to be erased, where this is necessary to remedy a significant violation of data protection provisions.
(3)The public bodies shall be obliged to support the State Commissioner for Data Protection and Freedom of Information in the fulfilment of his or her tasks. In particular, they shall 1. provide information on all questions and present all documents relating to the processing of personal data, 2. grant access to all personal data that are processed, and 3. grant access to premises and office rooms, including all data processing facilities and equipment, insofar as this is necessary for the fulfilment of his or her tasks.
(4)The obligation under paragraph 3 shall not apply insofar as a supreme Land authority determines in an individual case that the security of the Federation or of a Land so requires. The State Commissioner for Data Protection and Freedom of Information shall be informed thereof in writing or electronically. The reasons therefor shall be recorded in the files. zur Einzelansicht § 42 Abschnitt 5 Rechte der betroffenen Person