§ 59 LDSG SH
Position
(1)The public body shall ensure that the data protection officer is properly and in a timely manner involved in all matters 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 § 60 by providing the resources necessary for the performance of those tasks and access to personal data and processing operations, as well as the resources necessary for the maintenance of 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 those 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 performing his or her tasks.
(4)Data subjects may consult the data protection officer on all issues relating to the processing of their personal data and to the exercise of their rights under this Act and other data protection provisions. The data protection officer shall be bound by secrecy concerning the identity of the data subject and concerning circumstances that allow conclusions to be drawn about the data subject, unless he or she is released therefrom by the data subject.
(5)Where, in the course of his or her activities, the data protection officer acquires knowledge of data for which the head of the public body or a person employed at the public body has a right to refuse to give evidence for professional reasons, that right shall also extend to the data protection officer and his or her subordinate staff. The decision on the exercise of that right shall be taken by the person who has the right to refuse to give evidence for professional reasons, unless such a decision cannot be obtained within a foreseeable period of time. Insofar as the right of the data protection officer to refuse to give evidence extends, his or her files and other documents shall be subject to a prohibition of seizure. zur Einzelansicht § 59