Independent state center for data protection Schleswig-Holstein

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Independent State Center for Data Protection Schleswig-Holstein
- ULD -

State level State of Schleswig-Holstein
legal form Public institution
founding 2000
Headquarters Kiel
Authority management Marit Hansen
Servants <40
Web presence www.datenschutzzentrum.de

The Independent State Center for Data Protection ( ULD ) is an authority of the State of Schleswig-Holstein based in Kiel . It is the supervisory authority for data protection in the public and non-public areas of the state and advises citizens and data processing agencies on data protection and data security issues. It also performs advisory functions in the area of freedom of information . In addition to its tasks as a supervisory authority, the ULD is involved in third-party funded German and European projects.

management

The management of the ULD is carried out by the state commissioner or the state commissioner for data protection, who is elected by the state parliament on the proposal of the parliamentary groups . The election takes place without debate. The term of office is six years. A single re-election is permitted. This is regulated in the law for the establishment of an independent state center for data protection (establishment law ULD).

From 2000 to 2004 the ULD was headed by Helmut Bäumler .

The lawyer Thilo Weichert was in charge from September 1, 2004 to July 15, 2015 . In June 2014, the state data protection law of the state of Schleswig-Holstein was changed to the effect that the limitation of the possible terms of office was deleted from the state data protection law.

The re-election of the incumbent Thilo Weichert failed in 2014. Initiated by the pirates' parliamentary group , the opposition parties pushed for an advertisement for the post. In 2015, the State Commissioner launched a public tender for the first time. The parliamentary groups of the CDU and FDP initially announced that they would support the lawyer Kirsten Bock in the election, should she be proposed by the government groups.

After several applications had been received and selection interviews had taken place, the government coalition made up of the SPD , Greens and SSW, together with the pirates , proposed the computer scientist Marit Hansen for election. The opposition also turned around and promised its support. Hansen was then elected as the State Commissioner for Data Protection in Schleswig-Holstein on July 15, 2015 and has held this office since July 16, 2015. Before that, she was the deputy state representative and head of department at the ULD. Hansen appointed the lawyer Barbara Körffer as her deputy .

On June 18, 2020, Hansen was unanimously re-elected by the Schleswig-Holstein State Parliament, but could not initially be appointed by the Prime Minister, as another interested party had submitted an urgent application to the Schleswig Administrative Court for the office . By order of August 19, 2020, the court rejected the application.

organization

The Independent State Center for Data Protection was established in 2000 as an institution under public law . The board consists of the head of the institution, d. H. the state commissioner for data protection Schleswig-Holstein.

The authority employs almost 40 people and is divided into 7 sections :

  • Unit 1
    • Data protection in the state parliament
    • Personnel management, budget, procurement of equipment and devices, general Administrative matters of the department, general Training, travel expense reports
    • Public relations , preparation and handling of the meetings of the conference of data protection officers
    • Registry, secretariat
  • Unit 2
    • Data processing in the public sector
    • Data protection issues of the [e-government]
    • Medical and health data protection
  • Unit 3
    • Basic issues of system data protection and the correctness of automated data processing
    • Examination of information and communication processes
    • Advice on technical data protection and the documentation of procedures
    • Analysis and evaluation of concepts and techniques for "data protection by design" and "data protection by default"
    • IT use of the office, system support
    • Supervision of the virtual data protection office
  • Unit 4
    • Data protection in the non-public area
    • Data protection for tele and media services, new media law
    • International data protection law
    • Application of the Information Access Act
  • Unit 6
    • Data protection through Privacy Enhancing Technologies (PETs)
    • Project management and participation in projects
  • Unit 7
    • Fundamental questions of the recognition of experts and the quality seal procedure, fundamental questions of the audit procedure, implementation of the procedures for the accreditation of experts, coordination and legal support of the quality seal procedure
    • Implementation of quality seal procedures for IT products
    • Supervision of audit procedures
    • Auditing according to ISO 27001 on the basis of IT-Grundschutz

tasks

The ULD monitors compliance with data protection regulations by companies based in Schleswig-Holstein as well as the administration, municipalities and public institutions of the state. An activity report was published annually until 2011 and every two years since 2013. It controls data processing by companies on site, accompanies specialist administrative procedures and takes part in joint audits with data protection supervisory authorities in other federal states.

Projects

The ULD participates in projects aimed at improving data protection. By 2016, the ULD had raised funding of 10 million euros.

As a result of the project work, the ULD took part in the development of data protection standards within the framework of ISO and the W3C.

The anonymization project JAP was accompanied by the ULD under the name AN.ON - Anonymität Online .

In the virtual data protection office , an information platform of the data protection officers of the federal government, states, churches, broadcasting corporations and state data protection agencies from various countries, information on data protection technology and data protection law is provided and the information portal on the datenschutz.de website is maintained.

Schleswig-Holstein was the first German federal state to issue a seal of approval for data protection through the ULD for information technology . Authorities were also able to undergo a data protection audit. As of May 25, 2018, both certifications could no longer be offered due to the changed legal situation.

The European data protection seal of approval, EuroPriSe (European Privacy Seal), was operated as an EU-funded project from June 2007 to 2009 and in regular operation from 2009 and proposed by the European Parliament as a model for a European data protection seal. In 2013 the EuroPriSe seal of approval was transferred to EuroPriSe GmbH.

Suspicions, searches, procedures, processes

On December 4, 2015, the house was searched by the Schleswig-Holstein State Criminal Police Office and the Kiel Public Prosecutor's Office. After his release from the ULD during his probationary period, a former employee filed a criminal complaint with the public prosecutor's office, which then initiated an investigation into suspected fraud in the settlement of subsidies. The current head Marit Hansen was at the center of the investigation . The ULD denied the allegations from the start.

On June 25, 2019, the Kiel public prosecutor closed the investigation. On November 5, 2019, the Kiel District Court decided that the search in the authority was not proportionate. Hansen sued the state of Schleswig-Holstein for reparation . The oral hearing before the Schleswig Higher Regional Court took place on June 12, 2020, in which the judges clearly criticized the Kiel public prosecutor. The verdict was announced on June 26, 2020. The OLG stated:

"From the context of the ruling of April 30, 2019, it follows that the public prosecutor's office had also recognized at this point in time that essential allegations on which the criminal complaint was based had been partially refuted, and otherwise only after extensive investigations had been continued would be conceivable and, given the length of the proceedings, the question of a realistic expectation of a penalty had to arise.

When looking at the public prosecutor's considerations as a whole, the decisive factor for the setting was that the investigations had essentially exonerated the plaintiff as the accused or had remained inconclusive after a long time [...]. "(Rn. 84 et seq.)

The allegedly damaged Federal Ministry of Education and Research could not find any errors even after extensive testing. The ministry had also informed the Kiel public prosecutor's office of this, which, however, had not been included in the files.

Hansen filed a criminal complaint against the former employee who denounced her to the public prosecutor's office for false suspicion. The same person tried in 2020 to judge Hansen's re-appointment after their re-election.

Web links

Individual evidence

  1. Establishment Act ULD: § 5 Election, appointment and term of office. In: gesetze-rechtsprechung.sh.juris.de. Retrieved June 30, 2020 .
  2. kim: Kiel coalition: "Lex Weichert" and the right of the strong | shz.de . In: shz . ( shz.de [accessed September 15, 2017]).
  3. Data protection officer: Thilo Weichert fails in case of re-election - Golem.de . ( golem.de [accessed September 15, 2017]).
  4. Opposition groups are calling for a tender to find a data protection officer. July 10, 2014, accessed June 20, 2020 .
  5. dpa: After Weichert is over: Kiel State Parliament is looking for a new data protection officer | shz.de . In: shz . ( shz.de [accessed September 15, 2017]).
  6. ^ Announcement: State Commissioner for Data Protection. Retrieved September 15, 2017 .
  7. CDU / FDP for Greens as data protection officer. In: Welt.de . June 18, 2015, accessed September 15, 2017 .
  8. Pirate Party, SPD, Greens and SSW propose computer scientist Marit Hansen to succeed Dr. Softened from # 6 pirates. Retrieved June 20, 2020 .
  9. Wolfgang Kubicki: FDP parliamentary group supports Marit Hansen in the election as data protection officer. Retrieved June 20, 2020 .
  10. Landtag SH - Top 15 - Election of data protection officers. Archived from the original on September 16, 2017 ; accessed on September 15, 2017 (English).
  11. Marit Hansen appoints lawyer Barbara Körffer as deputy. In: datenschutzzentrum.de. September 18, 2015, accessed July 2, 2020 .
  12. Hansen data protection officer re-elected. In: ndr.de. June 18, 2020, accessed June 20, 2020 . New quarrels about the post of the data protection officer. In: ln-online.de . June 17, 2020, accessed June 20, 2020 .
  13. admin: Schleswig Administrative Court rejects an urgent application against the appointment of the elected state data protection officer by the Prime Minister. Accessed August 21, 2020 .
  14. Schleswig-Holsteinisches VG, decision of August 19, 2020 - 12 B 36/20 - openJur. Accessed August 21, 2020 .
  15. Activity reports of the ULD - ULD. Retrieved September 15, 2017 .
  16. ULD Schleswig-Holstein data protection. In: The data protection blog. Retrieved September 15, 2017 .
  17. Data protection seal of approval at the ULD. In: datenschutzzentrum.de. Retrieved June 24, 2020 .
  18. recertification of Ixquick.com. May 20, 2012. Retrieved September 15, 2017 .
  19. REPORT on the overall concept for data protection in the European Union - A7-0244 / 2011. Retrieved September 15, 2017 .
  20. EuroPriSe 2.0 - Continuation of the European Privacy Seal (EuroPriSe) by EuroPriSe GmbH - Broader range of certifications. August 30, 2017. Retrieved September 15, 2017 .
  21. a b Bastian Modrow: Proceedings against ULD boss stopped. In: Kiel News . Kieler Zeitung Verlags- und Druckerei KG-GmbH & Co., June 25, 2019, accessed on June 25, 2019 .
  22. ULD: investigation closed: allegations cleared - ULD. June 25, 2019, accessed June 25, 2019 .
  23. Bastian Modrow: Investigations against the new data protection officer. Suspected fraud. In: Kiel News . Kieler Zeitung Verlags- und Druckerei KG-GmbH & Co., December 8, 2015, accessed on May 22, 2016 : "The Kiel public prosecutor is investigating Marit Hansen and another employee of the Independent Center for Data Protection (ULD) on suspicion of fraud. . "
  24. ULD: Statement on the preliminary investigation of the Kiel public prosecutor's office. December 8, 2015, accessed May 22, 2016 .
  25. ^ Kristina Beer, Christiane Schulzki-Haddouti: Suspected billing fraud at the Independent Data Protection Center in Kiel. House search. In: heise online . Christian Heise, Ansgar Heise, Christian Persson, December 8, 2015, accessed on May 22, 2016 : "Hansen emphasizes that the accounts were always correct and was confident that the allegations could be clarified."
  26. ^ A b NDR: Hansen: Public Prosecutor should have asked. Retrieved June 20, 2020 .
  27. ^ AG Kiel, decision of 05.11.2019 - 39 Gs 49/19 - openJur. Retrieved June 30, 2020 .
  28. Wolfram Hammer: Case Marit Hansen: Court criticizes the public prosecutor in Kiel. In: Lübecker Nachrichten. June 13, 2020, accessed June 20, 2020 .
  29. OLG Schleswig, judgment of June 26th, 2020 - 17 EK 2/19 - openJur. Retrieved June 30, 2020 .
  30. Court criticizes proceedings against data protection officers. Retrieved June 30, 2020 .
  31. heise online: Were investigations carried out against state data protection officer Marit Hansen? Retrieved June 20, 2020 .
  32. Schleswig-Holsteinisches VG, decision of August 19, 2020 - 12 B 36/20 - openJur. Accessed August 21, 2020 .

Coordinates: 54 ° 19 ′ 10.8 ″  N , 10 ° 8 ′ 0.1 ″  E