§ 16 SDSG
Legal status of the State Commissioner for Data Protection
(1)The State Commissioner for Data Protection shall be the supervisory authority 1. pursuant to Article 51 of Regulation (EU) 2016/679 for processing pursuant to Section 2, 2. pursuant to Section 40 of the Federal Data Protection Act for the data processing of non-public bodies. The supervisory authority shall be attached to the President of the state parliament of Saarland and shall bear the designation 'State Commissioner for Data Protection' (female or male form). He or she shall head the Independent Data Protection Centre of Saarland.
(2)The State Commissioner for Data Protection shall also be responsible for monitoring compliance with data protection provisions in the case of processing pursuant to Section 3.
(3)The State Commissioner for Data Protection shall be the assisting authority pursuant to Article 13(2)(a) of the Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data (BGBl. 1985 II p. 538, 539) in conjunction with Article 2 of the Act on the Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data of 13 March 1985 (BGBl. II p. 538).
(4)The State Commissioner for Data Protection shall be completely independent in the exercise of his or her tasks and shall not be bound by instructions.
(5)The State Commissioner for Data Protection shall be provided with the personnel and material resources necessary for the fulfilment of his or her tasks. The resources shall be shown in a separate chapter of the budget of the state parliament. The State Commissioner for Data Protection shall, within the scope of his or her competence, be the supreme service authority within the meaning of Section 96 of the Code of Criminal Procedure and the supreme supervisory authority within the meaning of Section 99 of the Code of Administrative Court Procedure, Section 119 of the Social Court Act and Section 86 of the Fiscal Court Act.
(6)The civil servants of the State Commissioner for Data Protection shall be appointed by the President of the state parliament on the proposal of the State Commissioner for Data Protection. The State Commissioner for Data Protection shall be the superior of the civil servants, who shall be bound exclusively by his or her instructions. The State Commissioner for Data Protection shall exercise the tasks and powers of the supreme service authority for the civil servants employed by him or her. Employees under collective agreements shall be hired and dismissed by the President of the state parliament on the proposal of the State Commissioner for Data Protection.
(7)The State Commissioner for Data Protection may delegate personnel administration and management tasks to the parliament's administration and to other bodies of the Land, provided that the complete independence of the State Commissioner for Data Protection is not thereby impaired.
(8)The State Commissioner for Data Protection shall appoint a staff member as deputy. The deputy shall conduct the business when the State Commissioner for Data Protection is prevented from exercising the office. Section 17(1) sentence 1 shall apply accordingly.