§ 16 SächsDSG
Appointment and term of office
(1)The Saxon Data Protection Commissioner shall be elected by the state parliament with the majority of its members. Eligible for election shall be any person who fulfils the requirements for appointment to a civil service position for a fixed term and who possesses the qualifications, experience and expertise necessary for the performance of the duties and exercise of the powers, in particular in the field of the protection of personal data. The President of the state parliament may request the state government to submit proposals. The person elected shall be appointed by the President of the state parliament.
(2)The Saxon Data Protection Commissioner shall take the following oath before the state parliament: 'I swear to fulfil my official duties conscientiously, to respect and defend the Constitution and the law, and to exercise justice towards all.' The oath may also be taken with the affirmation 'So help me God.'
(3)The term of office of the Saxon Data Protection Commissioner shall be six years. Re-election shall be permitted once.
(4)The decision on removal from office pursuant to Article 53(4) of Regulation (EU) 2016/679 shall be taken by the state parliament with a majority of two-thirds of its members. Whether a serious misconduct within the meaning of Article 53(4) of Regulation (EU) 2017/679 has occurred shall be decided by the judicial service courts of the Free State of Saxony in accordance with the provisions applicable to them. The right to initiate such proceedings with regard to the Saxon Data Protection Commissioner shall be exercised by the President of the state parliament.
(5)In the event of incapacity, the Saxon Data Protection Commissioner shall designate a deputy. The authority to represent shall continue after the end of the term of office of the Saxon Data Protection Commissioner until the appointment of a successor.