Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
nor to a government or legislative body of the Federation or a Land. The Federal
Commissioner shall not deliver extra-judicial opinions in exchange for payment.
(2) The Federal Commissioner shall inform the President of the Bundestag of any gifts
received in connection with his or her office. The President of the Bundestag shall decide
how such gifts shall be used. He or she may issue procedural rules and regulations.
(3) The Federal Commissioner shall have the right to refuse to give testimony concerning
persons who have confided in him or her in his or her capacity as Federal Commissioner and
concerning the information confided. This shall also apply to the staff of the Federal
Commissioner, on the condition that the Federal Commissioner decides on the exercise of
this right. Within the scope of the Federal Commissioner’s right of refusal to give testimony,
he or she shall not be required to submit or surrender files or other documents.
(4) Even after his or her official relationship has ended, the Federal Commissioner shall be
obligated to secrecy concerning matters of which he or she is aware by reason of his or her
official duties. This obligation shall not apply to official communications or to matters which
are common knowledge or which by their nature do not require confidentiality. The Federal
Commissioner shall decide at his or her due discretion whether and to what extent he or she
will testify in or outside court or make statements concerning such matters; if he or she is no
longer in office, the permission of the Federal Commissioner in office shall be required. This
shall not affect the legal obligation to report crimes and to uphold the free and democratic
order wherever it is threatened. Sections 93, 97, 105 (1), Section 111 (5) in conjunction with
Section 105 (1) and Section 116 (1) of the German Fiscal Code shall not apply to the
Federal Commissioner or his or her staff. The fifth sentence shall not apply where the
financial authorities require such knowledge in order to conduct legal proceedings due to a
tax offence and related tax proceedings, in the prosecution of which there is compelling
public interest, or where the person required to provide information or persons acting on his
or her behalf have intentionally provided false information. If the Federal Commissioner
determines that data protection provisions have been violated, he or she shall be authorized
to report the violation and inform the data subject accordingly.
(5) The Federal Commissioner may testify as a witness unless such testimony would
1.
be detrimental to the welfare of the Federation or a Land, in particular to the
security of the Federal Republic of Germany or its relations with other countries, or
2.
would violate fundamental rights.
If the testimony concerns ongoing or completed processes which are or could be considered
core aspects of executive responsibility, the Federal Commissioner may testify only with the
approval of the Federal Government. Section 28 of the Federal Constitutional Court Act shall
remain unaffected.
(6) Subsections 3 and 4, fifth to seventh sentences, shall apply accordingly to the public
bodies responsible for monitoring compliance with the data protection provisions in the
Länder.
Section 14
Tasks
(1) In addition to the tasks listed in Regulation (EU) 2016/679, the Federal Commissioner
shall have the following tasks:
1.
to monitor and enforce the application of this Act and other data protection
legislation, including legislation adopted to implement Directive (EU) 2016/680;
2.
to promote public awareness and understanding of the risks, rules, safeguards
and rights in relation to the processing of personal data, paying special attention to
measures specifically for children;
3.
to advise the German Bundestag, the Bundesrat, the Federal Government, and
other institutions and bodies on legislative and administrative measures relating to the
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