§ 19 DSG LSA
Position
(1)The public body within the meaning of Section 17(1) shall ensure that the data protection officer is properly and promptly 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 Section 20 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 maintaining 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 disadvantaged by the public body on account of the performance of his or her tasks.
(4)The dismissal of the data protection officer shall be permissible only in the corresponding application of Section 626 of the Civil Code. The termination of the employment relationship shall not be permissible unless there are facts entitling the public body to terminate for cause without notice. Within one year after the end of the activity as data protection officer, the termination of the employment relationship shall not be permissible unless the public body is entitled to terminate for cause without notice.
(5)Data subjects may consult the data protection officer on all matters relating to the processing of their personal data and the exercise of their rights within the scope of application of Directive (EU) 2016/680 and the legal provisions enacted for its transposition. The data protection officer shall be obliged to maintain confidentiality regarding the identity of the data subject and the circumstances that allow conclusions to be drawn about the data subject, unless released therefrom by the data subject.
(6)Where the data protection officer in the course of his or her activity gains knowledge of data in respect of which the head of, or a person employed at, the public body is entitled to refuse to give testimony on professional grounds, this right shall also apply to the data protection officer and the employees subordinate to him or her. The decision on the exercise of this right shall be taken by the person entitled to refuse to give testimony on professional grounds, unless that decision cannot be obtained within a foreseeable period. Insofar as the data protection officer's right to refuse to give testimony extends, his or her files shall be subject to a prohibition on seizure. zur Einzelansicht § 19