§ 14 ThürDSG
Position of the data protection officer
(1)(Article 38 of Regulation (EU) 2016/679, Article 33 of Directive (EU) 2016/680)
(2)The public body shall ensure that the data protection officer is properly and in a timely manner involved in all issues relating to the protection of personal data.
(3)The public body shall support the data protection officer in the performance of his or her tasks pursuant to Section 15 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 to maintain his or her expertise.
(4)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 be directly subordinate to the head of the public body in his or her function and shall report to him or her. The data protection officer shall not be dismissed or disadvantaged by the public body for the performance of his or her tasks.
(5)The dismissal of the data protection officer shall be permissible only in analogous application of Section 626 of the Civil Code (BGB). Termination of the employment relationship shall not be permissible unless facts exist that would entitle the public body to terminate for cause without observing a notice period. After the end of the activity as data protection officer, termination of the employment relationship within one year shall not be permissible, unless the public body is entitled to terminate for cause without observing a notice period.
(6)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 under this Act and other data protection provisions.
(7)The data protection officer shall be bound by a duty of confidentiality regarding the identity of the data subject and circumstances allowing inferences about the data subject, unless released therefrom by the data subject. This shall also apply after the end of the activity as data protection officer.
(8)The data protection officer may carry out other tasks and duties. The public body shall ensure that such tasks and duties do not lead to a conflict of interest and that the data protection officer has sufficient working time for the performance of the tasks pursuant to Section 15. zur Einzelansicht § 14