Hamburg representative for data protection and freedom of information
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| State level | Free and Hanseatic City of Hamburg | ||
| Position of the authority | Supreme state authority | ||
| Headquarters | Hamburg | ||
| household | EUR 3.169 million | ||
| Authority management | Johannes Caspar | ||
| Website | https://datenschutz-hamburg.de/ | ||
The Hamburg Commissioner for Data Protection and Freedom of Information is an independent, independent supreme state authority in Hamburg . The authority has its seat at Ludwig-Erhardt-Straße 27 in Hamburg-Neustadt .
Head of authority and holder of the office of the same name has been Johannes Caspar since May 4, 2009 .
Legal status
The Hamburg Commissioner for Data Protection and Freedom of Information is an independent, autonomous supreme state authority . The head of the authority is in a public office and receives salary in accordance with B 4 of the Hamburg Salary Act.
He is elected by the Hamburg parliament on the proposal of a parliamentary group with a majority of members and appointed by the mayor. His term of office is six years and can be re-elected once. Prerequisite is the qualified judge "for or career General Services in the category 2 with access to the second entry office have and to fulfill its or his duties necessary expertise have".
The Hamburg Commissioner for Data Protection and Freedom of Information must - like the Senate of the Free and Hanseatic City of Hamburg - respond to queries from the citizens, provided that his independence is not impaired.
Before the regular end of his term of office he can be dismissed by the citizenry if he no longer fulfills the requirements for the office or if he commits a "serious misconduct" in office. Dismissal due to “serious misconduct” must be resolved with two thirds of the vote, with participation of three quarters of the members of the citizenship.
The Court of Auditors of the Free and Hanseatic City of Hamburg may only review the Hamburg Commissioner for Data Protection and Freedom of Information to the extent that his independence is not impaired.
Tasks and competencies
The Hamburg Commissioner for Data Protection and Freedom of Information deals in his work with both the Privacy and to the freedom of information .
privacy
The Hamburg Commissioner for Data Protection and Freedom of Information
- monitors compliance with data protection in public and private bodies within Hamburg.
- sensitizes and educates the public about the "risks, regulations, rights and guarantees" in connection with the processing of personal data .
- advises authorities and citizens .
- advises people on request about their rights to information.
- deals with complaints about data protection violations and issues fines.
- works with the Federal Commissioner for Data Protection and Freedom of Information and the other state data protection officers in the conference of the independent data protection authorities of the federal and state governments as well as the data protection officers of other states within the scope of the General Data Protection Regulation .
- follows developments in connection with the processing and protection of personal data.
He has a right to information from the data processing offices and can issue complaints and fines to private individuals.
Freedom of information
The Hamburg Commissioner for Data Protection and Freedom of Information
- acts as an intermediary when people are called in who see their right to access information under the Hamburg Transparency Act (HmbTG), Hamburg Environmental Information Act or the Consumer Information Act vis-à-vis Hamburg authorities.
- monitors compliance with the regulations of the HmbTG.
- informs people about the right to access information.
- prepares reports for the Senate and the citizenship.
- works with the Federal Commissioner for Data Protection and Freedom of Information and the Freedom of Information Commissioners of the federal states in the Conference of Freedom of Information Commissioners in Germany .
He has extensive information rights vis-à-vis authorities as well as the right to support in the performance of his tasks as well as the right to object.
Activity reports
According to Art. 59 Clause 1 GDPR, the Hamburg Commissioner for Data Protection and Freedom of Information presents a report on his activities every year. This contains a list of the audits carried out at public and private bodies, a list of the audits of software and statements on various political issues that include the area of data protection, a list of the orders and fines, a list of advisory activities and statistics on official work in the area of data protection.
According to Section 14, Paragraph 4, Sentence 4 of the HmbTG, the Hamburg Commissioner for Data Protection and Freedom of Information presents an activity report every two years. This includes a description of his tasks, the presentation of selected individual cases, judgments of the administrative courts on the HmbTG and an outlook.
Legal bases
The basis for data protection work can be found in the General Data Protection Regulation and the Hamburg Data Protection Act. The basis for work in the area of freedom of information can be found in the Hamburg Transparency Act, the Hamburg Environmental Information Act and the Hamburg Implementation Act for the Consumer Information Act .
Web links
Individual evidence
- ↑ Hamburg Commissioner for Data Protection and Freedom of Information - Prof. Caspar - proposal for re-election. Retrieved July 26, 2020 .
- ↑ Article 51 GDPR ; accessed on July 26, 2020
- ↑ Appendix 5 to the Hamburg Salary Act ; accessed on July 26, 2020
- ↑ § 20 Hamburg Data Protection Act ; accessed on July 26, 2020
- ↑ Article 60a of the Constitution of the Free and Hanseatic City of Hamburg ; accessed on July 26, 2020
- ↑ § 21 Hamburg Data Protection Act ; accessed on July 26, 2020
- ↑ § 19 Hamburg Data Protection Act ; accessed on July 26, 2020
- ↑ Article 57 General Data Protection Regulation ; accessed on July 26, 2020
- ↑ § 24 Hamburg Data Protection Act ; accessed on July 26, 2020
- ↑ § 4 Hamburg Environmental Information Act ; accessed on July 26, 2020
- ↑ § 2 Hamburg Implementation Act on the Consumer Information Act ; accessed on July 26, 2020
- ↑ § 14 Hamburg Transparency Act ; accessed on July 26, 2020
- ↑ The Hamburg Commissioner for Data Protection and Freedom of Information: 28th Data Protection Activity Report of the Hamburg Commissioner for Data Protection and Freedom of Information 2019. February 13, 2020, accessed on July 26, 2020 .
- ↑ The Hamburg Commissioner for Data Protection and Freedom of Information: Activity Report Freedom of Information 2018/2019. Accessed on July 26, 2020 .
