§ 45 LDSG SH
Consultation of the Land Commissioner
(1)Prior to the commissioning of newly created filing systems, the controller shall consult the Land Commissioner where 1. a data protection impact assessment pursuant to § 43 indicates that the processing would result in a high risk to the rights of data subjects if the controller were not to take remedial measures, or 2. the type of processing, in particular when using new technologies, mechanisms or procedures, would result in a high risk to the rights of data subjects. The Land Commissioner may draw up a list of the processing operations subject to the obligation of consultation pursuant to sentence 1.
(2)In the case of paragraph 1, the following shall be submitted to the Land Commissioner: 1. the data protection impact assessment carried out pursuant to § 43, 2. where applicable, information on the respective competences of the controller, joint controllers and processors involved in the processing, 3. information on the purposes and means of the intended processing, 4. information on the measures and safeguards envisaged for the protection of the rights of data subjects, and 5. the name and contact details of the data protection officer. Upon request, all other information that the Land Commissioner needs to assess the lawfulness of the processing and in particular to evaluate the risks to the protection of personal data of the data subjects and the related safeguards shall also be provided.
(3)Where the Land Commissioner is of the opinion that the planned processing would be in breach of statutory requirements, in particular because the controller has not sufficiently identified the risk or has not taken sufficient remedial measures, the Land Commissioner may, within six weeks of the initiation of the consultation, submit written recommendations to the controller and, where applicable, to the processor as to which measures should still be taken. The Land Commissioner may extend this period by one month where the planned processing is particularly complex. In that case, he or she shall inform the controller and, where applicable, the processor of the extension within one month of the initiation of the consultation.
(4)Where the intended processing is of considerable importance for the performance of the tasks of the controller and is therefore particularly urgent, the controller may commence processing after the initiation of the consultation but before the expiry of the period referred to in paragraph 3 sentence 1. In that case, the recommendations of the Land Commissioner shall be taken into account retroactively and the nature and manner of processing shall be adapted accordingly where necessary. zur Einzelansicht § 45