§ 4 ThürDSG
Legal status and duty of confidentiality
(1)of the State Commissioner for Data Protection (Articles 51 to 54 of Regulation (EU) 2016/679, Articles 41 to 44 of Directive (EU) 2016/680)
(2)The State Commissioner for Data Protection shall be the supervisory authority pursuant to Article 51 of Regulation (EU) 2016/679 and at the same time the supervisory authority within the meaning of Article 41 of Directive (EU) 2016/680.
(3)The State Commissioner for Data Protection shall refrain from any actions incompatible with the duties of his or her office and shall not, during his or her term of office, engage in any other paid or unpaid occupation that is incompatible with his or her office. In particular, he or she may not hold any other salaried office, engage in any trade or profession, or be a member of the management board, supervisory board or administrative board of an enterprise operated for profit, or of a government or legislative body of the Federation or a Land. He or she may not prepare out-of-court expert opinions for remuneration.
(4)The State Commissioner for Data Protection and his or her staff shall be obliged, both during and after their term of office or period of service, to maintain confidentiality regarding all confidential information that has come to their knowledge in the performance of their tasks or the exercise of their powers.
(5)The duty of confidentiality pursuant to paragraph 3 shall not apply to communications in official dealings or to facts that are publicly known or that, by their nature, do not require confidentiality.
(6)The State Commissioner for Data Protection shall 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 Administrative Court Rules. He or she shall take decisions on authorisations to give testimony for himself or herself and his or her staff, as well as decisions on the refusal to produce files and provide information, on his or her own responsibility. The successor in office shall decide on the decisions referred to in sentence 2 for his or her predecessors.
(7)The State Commissioner for Data Protection shall be provided with the personnel, technical and financial resources, as well as premises and infrastructure, necessary for the performance of his or her tasks and powers; corresponding budget funds shall be shown in the Landtag's budget in a separate chapter. He or she shall be subject to financial supervision by the Court of Auditors only insofar as his or her independence is not impaired thereby.
(8)Personnel positions may be filled only upon the proposal of the State Commissioner for Data Protection. His or her staff may, if they do not agree with the intended measure, only be transferred, seconded or reassigned with his or her consent; he or she is their superior, and they are bound in their activity under this Act only by his or her instructions. zur Einzelansicht § 4