§ 22 DSG LSA
Legal status, office
(1)The State Commissioner for Data Protection shall be the supervisory authority within the meaning of Article 4, number 21, in conjunction with Article 51 of Regulation (EU) 2016/679, and the supervisory authority within the meaning of Article 3, number 15, in conjunction with Article 41 of Directive (EU) 2016/680; he or she shall be completely independent in the exercise of the office and subject only to the applicable legal provisions.
(2)An office shall be established under the State Commissioner for Data Protection. The necessary staff and material resources shall be made available to the State Commissioner for Data Protection for the performance of his or her tasks; they shall be indicated in the budget of the Land in a separate individual budget. The office shall be headed by the State Commissioner for Data Protection. The State Commissioner for Data Protection shall exercise official supervision over all staff of the office; he or she shall be the superior, the direct superior, the higher superior and the supreme service authority of the Director of the office and of the staff of the office. The Director of the office shall monitor the orderly conduct of business within the office; the Director must possess the qualification pursuant to Section 5 of the German Judiciary Act.
(3)The State Commissioner for Data Protection shall be represented by the Director of the office where the Commissioner 1. is prevented from exercising the office, 2. has been dismissed in the case of Section 21(2), sentence 4, or 3. has been removed pursuant to Section 21(3). The representation arrangement pursuant to sentence 1 shall also apply where no successor has been appointed after the expiry of the period referred to in Section 21(2), sentence 3. For the duration of the representation, the Director of the office shall have the powers of the State Commissioner for Data Protection.
(4)Section 13(1), (2) and (4), sentences 1 to 4, and (5) of the Federal Data Protection Act shall apply mutatis mutandis to the State Commissioner for Data Protection.
(5)The State Commissioner for Data Protection shall, for the area of his or her office, be deemed to 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 Courts Act and Section 86 of the Fiscal Courts Act; the Commissioner shall take the decisions pursuant to Section 51 of the Land Civil Service Act for himself or herself, his or her predecessors in office and his or her staff on his or her own responsibility. In the performance of the task pursuant to Section 23(4), the Commissioner shall be deemed to be a supreme Land authority within the meaning of Section 68(1), sentence 2, number 1, of the Code of Administrative Court Procedure. The Commissioner shall be deemed to be a supreme Land authority within the meaning of the Land remuneration law. In all other respects, the Commissioner shall be subject to official supervision by the President of the Landtag only insofar as the Commissioner's independence is not impaired. The provisions on official supervision, removal from office and disciplinary law applicable to judges of the Land shall apply mutatis mutandis. For disciplinary proceedings against the State Commissioner for Data Protection, the Disciplinary Court for Judges at the Higher Administrative Court of the Land of Sachsen-Anhalt shall have jurisdiction. The non-permanent lay members must belong to the administrative jurisdiction.
(6)The State Commissioner for Data Protection may delegate tasks of personnel administration to another Land body, provided that body consents; the independence of the State Commissioner for Data Protection shall not be impaired thereby. Personal data of the staff may be transmitted to that body insofar as knowledge of the personal data is necessary for the performance of the delegated tasks. zur Einzelansicht § 22