Saxon data protection officer

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Saxon Data Protection Officer
- SDB -

State level State of Saxony
founding 1991
Headquarters Dresden
Authority management Andreas Schurig
Servants approx. 27
Web presence www.saechsdsb.de

The Saxon data protection officer is an independent supreme state authority of the Free State of Saxony with its headquarters in Dresden . As a supervisory authority in accordance with the General Data Protection Regulation, it monitors the application of the data protection regulations at most public and non-public bodies in Saxony. He is also the supervisory authority in the police and penal system . The current incumbent is the Dresden mathematician and theologian Andreas Schurig .

The office holder's authority is also referred to as the Saxon data protection officer.

history

After the re-establishment of the Free State of Saxony on October 3, 1990, the Federal Commissioner for Data Protection, as an organ of the Free State of Saxony , initially exercised control over the processing of personal data by Saxon public authorities "until a data protection control was created, but no later than December 31, 1991" ( Unification Agreement , Annex I, Chapter II, Subject C, Section III, No. 3). In April 1991 the Koblenz attorney Thomas Giesen was appointed to the head of the “Development Staff of the State Commissioner for Data Protection of the Free State of Saxony” in the Saxon State Chancellery . After the Saxon State Parliament had passed the "Law for the Protection of Informational Self-Determination (Saxon Data Protection Act)" on November 21, 1991 and Giesen was elected Saxon Data Protection Officer on December 20, 1991, he took office on January 1, 1992 with four employees. According to Art. 57 of the Constitution of the Free State of Saxony and the Saxon Data Protection Act, he was appointed “to the Landtag”, which was also expressed in the fact that his authority was organizationally based on the administration of the Landtag. Giesen was re-elected in 1997.

On December 18, 2003, the Saxon state parliament elected Andreas Schurig as the Saxon data protection officer. He took office on January 1, 2004. In 2009 and most recently on November 19, 2015, he was re-elected with a large majority.

The Saxon data protection officer caused a stir nationwide when, in 2006, he called the Saxon State Ministry of the Interior as part of its " Sachsensumpf " investigations into the illegal observation of organized crime , which had no relation to the conventional tasks of the protection of the constitution, and in 2011 the Saxon State Ministry of the Interior and the Saxon State Ministry of Justice complained about the disproportionate processing of over a million traffic data records and over 40,000 data records (surname, first name, address and date of birth of a mobile phone connection owner ) from radio cell queries ("Handygate").

On May 25, 2018, with the applicability of the General Data Protection Regulation and the entry into force of the Saxon Data Protection Implementation Act, the organizational connection of the Saxon data protection officer to the Saxon state parliament also ended. As a result, the Saxon data protection officer set up an independent supreme state authority.

Legal status, duties and powers

The legal status, tasks and powers of the Saxon Data Protection Officer arise in the scope of the General Data Protection Regulation from its directly applicable Chapter VI and, in addition, from the Saxon Data Protection Implementation Act and the Federal Data Protection Act. According to this, the Saxon data protection officer is elected by the Saxon state parliament with a majority of its members and is in a public-law office, not a civil servant , with the Free State of Saxony. According to Art. 52 of the General Data Protection Regulation, he acts completely independently in the performance of his tasks and in the exercise of his powers. According to Art. 57 of the General Data Protection Regulation, he has, among other things, to monitor and enforce the application of the General Data Protection Regulation, to advise and advise the Saxon State Parliament and the Saxon State Government on measures to protect the rights and freedoms of natural persons with regard to the processing of personal data deal with complaints from a data subject. For this purpose, according to Art. 58 of the General Data Protection Regulation, he has powers of investigation, remedial action, approval and advisory powers, such as the authority to give the person responsible (Art. 4 No. 7 of the General Data Protection Regulation) access to all personal data and information that are necessary for the fulfillment of its tasks. Furthermore, he may impose fines according to Article 83 of the General Data Protection Regulation and Section 22 of the Saxon Data Protection Implementation Act for violations of legal provisions on the protection of personal data. According to Art. 59 of the General Data Protection Regulation, he also has to prepare an annual report on his activities.

With regard to the police , judiciary and other measures, as well as the State Office for the Protection of the Constitution in Saxony , the tasks and powers of the Saxon data protection officer result from state laws such as the Saxon Data Protection Implementation Act, the Saxon Prison Data Protection Act, the Saxon Mental Health Act or the Saxon Constitutional Protection Act .

With regard to the Saxon state parliament, its committees, its members and their employees, the parliamentary groups and their employees as well as the state parliament administration, the Saxon data protection officer is not authorized to supervise according to the data protection regulations of the state parliament, insofar as these bodies process the data in the exercise of parliamentary tasks.

The Saxon data protection officer does not exercise the function of an officer for freedom of information .

Chair in the data protection conference

On January 1, 2020, Schurig took over the one-year chairmanship of the conference of independent data protection authorities of the federal and state governments .

authority

The authority of the Saxon data protection officer is currently (as of June 24, 2019) divided into a legal department, four specialist units and a "service unit administration" with a total of 27 civil servants and employees. The task of overseeing the approx. 180,000 companies, approx. 29,000 associations, approx. 2.2 million private households and numerous public bodies in Saxony is concentrated in the specialist lectures.

  • Legal department - questions of principle, representation in court
  • Unit 1 - Information technology, media, accreditation and certification
  • Unit 2 - Non-public area, public service law, employee data processing
  • Unit 3 - Municipal, Health Care, E-Government, Social Affairs, Statistics, Science
  • Unit 4 - Justice, Police, Finance

The authority has its seat opposite the Saxon State Parliament at Devrientstrasse 5 in Dresden.

Web links

literature

  • Giesen, Bannasch, Naumann, Mauersberger, Dehoust: Commentary on the Saxon Data Protection Act (SächsDSG) LexisNexis Germany, 2011, ISBN 978-3-89699-411-0 .

Individual evidence

  1. ↑ 1. activity report on 31.3.1993, section 1.2, p 21, build a service from origin and characteristics of Saxon Data Protection Law . In: Saxon data protection officer. Retrieved September 17, 2019.
  2. ↑ Parliament confirms Andreas Schurig in the office of the Saxon data protection officer. In: Saxon State Parliament. November 19, 2015. Retrieved September 26, 2019.
  3. ↑ Jens Schneider: Baseless rumors - bad accusations. In: Süddeutsche Zeitung. May 17, 2010. Retrieved September 23, 2019.
  4. ^ Media information from the Saxon data protection officer from September 9, 2011. In: Saxon data protection officer. September 9, 2011. Accessed September 30, 2019.
  5. ↑ Saxon police continue to use cellular data. In: heise.de , December 5, 2011. Accessed September 23, 2019.
  6. ↑ Saxon Data Protection Implementation Act. (revosax.sachsen.de ; Retrieved September 17, 2019.)
  7. ↑ Federal Data Protection Act. (gesetze-im-internet.de ; Retrieved September 17, 2019.)
  8. ↑ [1] . In: REVOSax . Retrieved March 2, 2020.
  9. ↑ [2] . In: REVOSax . Retrieved March 2, 2020.
  10. ↑ Saxon data protection officer takes over chairmanship of the German data protection conference . In: Saxon data protection officer . Retrieved February 6, 2020.
  11. ↑ Organization chart . In: Saxon data protection officer. Retrieved September 17, 2019.
  12. ↑ Business register . In: Sachsen.de Statistics. Retrieved September 30, 2019.
  13. ↑ Associations and taxes . In: Sachsen.de State Ministry of Finance. As of June 30, 2018. Accessed September 30, 2019.
  14. ↑ h families, households . In: Sachsen.de families, households. Retrieved September 30, 2019.