§ 64 LDSG SH
Powers
(1)Where the Land Commissioner identifies, in the data processing by the bodies referred to in § 20, infringements of the provisions of this Act or of other data protection provisions or other deficiencies in the processing or use of personal data, he or she shall reprimand this vis-a-vis the competent body and request the body to submit comments within a period determined by him or her. The Land Commissioner may refrain from a reprimand or waive the submission of comments, in particular where the deficiencies are minor or have since been remedied. The comments should also include a description of the measures taken as a result of the reprimand by the Land Commissioner. The Land Commissioner may also warn the controller that intended processing operations are likely to infringe the provisions of this Act and other data protection provisions applicable to the respective data processing.
(2)The powers of the Land Commissioner shall also extend to 1. personal data obtained by the bodies referred to in § 20(1) concerning the content and the further circumstances of correspondence, postal and telecommunications traffic, and 2. personal data that are subject to a special official secret, in particular tax secrecy pursuant to § 30 of the Fiscal Code. The fundamental right to secrecy of correspondence, postal and telecommunications as set out in Article 10 of the Basic Law shall be restricted to this extent.
(3)The bodies referred to in § 20(1) shall be obliged to grant the Land Commissioner and his or her deputies 1. access at all times to the premises and offices, including all data processing equipment and devices, as well as to all personal data and information necessary for the performance of his or her tasks, and 2. all information necessary for the performance of his or her tasks.
(4)Article 58(2)(a) to (e) of Regulation (EU) 2016/679 shall apply mutatis mutandis. zur Einzelansicht § 64