§ 21 DSG LSA
Appointment of the State Commissioner for Data Protection
(1)The Landtag shall elect the State Commissioner for Data Protection pursuant to Article 63(2) of the Constitution of the Land of Sachsen-Anhalt; re-election shall be permissible. Each parliamentary group represented in the Landtag shall be entitled to make nominations. The State Commissioner for Data Protection must have acquired the qualification for access to career tracks of career group 2 under the conditions of Section 14(4) of the Land Civil Service Act and must possess the qualifications, experience and expertise necessary for the performance of his or her tasks and the exercise of his or her powers, in particular in the field of the protection of personal data. A public call for applications shall not be required.
(2)The State Commissioner for Data Protection shall be a civil servant for a fixed term and shall be appointed by the President of the Landtag for a period of five years. Despite reaching the age limit pursuant to Section 39(1), sentence 1, and (2) of the Land Civil Service Act, the State Commissioner shall only retire after expiry of the term of office. The State Commissioner for Data Protection shall be obliged to continue in office until a successor is appointed, but for no longer than twelve months after the expiry of the term of office; the term of office shall be deemed to be extended accordingly. Where the State Commissioner fails to comply with the obligation under sentence 3, he or she shall be dismissed.
(3)Removal of the State Commissioner for Data Protection before expiry of the term of office shall be permissible where the Commissioner has committed a serious misconduct or no longer fulfils the requirements for the performance of the tasks. The removal shall require the approval of a two-thirds majority of the members of the Landtag. The removal shall take effect upon delivery or handing over of the certificate of dismissal by the President of the Landtag. zur Einzelansicht § 21