§ 3 ThürDSG
State Commissioner for Data Protection
(1)(Articles 51 to 54 of Regulation (EU) 2016/679, Articles 41 to 44 of Directive (EU) 2016/680)
(2)The Landtag shall elect the State Commissioner for Data Protection with more than half the statutory number of its members. The elected person shall be appointed by the President of the Landtag. The official relationship shall begin upon delivery of the certificate of appointment.
(3)The State Commissioner for Data Protection must possess the qualifications, experience and expertise required 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.
(4)The State Commissioner for Data Protection shall stand in a public-law official relationship with the Land.
(5)The term of office of the State Commissioner for Data Protection shall be six years. Re-election shall be permitted once.
(6)The President of the Landtag shall oblige the State Commissioner for Data Protection, before the Landtag, to discharge his or her office justly and impartially, and to uphold and defend the Basic Law, the Constitution of the Free State of Thuringia and the statutes. The State Commissioner for Data Protection shall take the following oath before the President of the Landtag: 'I swear to discharge my office justly and impartially, faithfully to the Basic Law, the Constitution of the Free State of Thuringia and the statutes, and to devote all my strength to this end, so help me God.' The oath may also be taken without the religious affirmation.
(7)Upon the proposal of the State Commissioner for Data Protection, the President of the Landtag shall appoint a deputy in office. The deputy should hold the qualification for judicial office.
(8)The official seat of the State Commissioner for Data Protection shall be Erfurt.
(9)The official relationship shall end upon expiry of the term of office, upon resignation, or upon compulsory retirement. The President of the Landtag shall dismiss the State Commissioner for Data Protection if he or she has committed a serious breach of duty or no longer fulfils the conditions required for the performance of his or her tasks. Upon termination of the official relationship, the State Commissioner for Data Protection shall receive a certificate signed by the President of the Landtag. The dismissal shall take effect upon delivery of the certificate by the President of the Landtag.
(10)Where the official relationship ends upon expiry of the term of office, the State Commissioner for Data Protection shall be obliged to continue to conduct business until the appointment of a successor for a period of up to six months; paragraph 8, sentence 2, shall apply accordingly during this period. zur Einzelansicht § 3