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(3) The data protection officer shall be designated on the basis of professional qualities and,
in particular, expert knowledge of data protection law and practices and the ability to fulfil the
tasks referred to in Section 7.
(4) The data protection officer may be a staff member of the public body, or fulfil the tasks on
the basis of a service contract.
(5) The public body shall publish the contact details of the data protection officer and
communicate them to the Federal Commissioner for Data Protection and Freedom of
Information.
Section 6
Position
(1) The public body shall ensure that the data protection officer is involved, properly and in a
timely manner, in all issues which relate to the protection of personal data.
(2) The public body shall support the data protection officer in performing the tasks referred
to in Section 7 by providing resources necessary to carry out those tasks and access to
personal data and processing operations, and to maintain his or her expert knowledge.
(3) The public body shall ensure that the data protection officer does not receive any
instructions regarding the exercise of those tasks. The data protection officer shall directly
report to the highest management level of the public body. The data protection officer shall
not be dismissed or penalized by the public body for performing his or her tasks.
(4) The dismissal of the data protection officer shall be permitted only by applying Section
626 of the Civil Code accordingly. The data protection officer’s employment shall not be
terminated unless there are facts which give the public body just cause to terminate without
notice. After the activity as data protection officer has ended, the data protection officer may
not be terminated for a year following the end of appointment, unless the public body has
just cause to terminate without notice.
(5) Data subjects may contact the data protection officer with regard to all issues related to
processing of their personal data and to the exercise of their rights under Regulation (EU)
2016/679, this Act and other data protection legislation. The data protection officer shall be
bound by secrecy concerning the identity of data subjects and concerning circumstances
enabling data subjects to be identified, unless they are released from this obligation by the
data subject.
(6) Where in the course of their activities data protection officers become aware of data for
which the head of a public body or a person employed by such a body has the right to refuse
to give evidence for employment-related reasons, this right shall also apply to the data
protection officer and his or her assistants. The person to whom the right to refuse to give
evidence applies for employment-related reasons shall decide whether to exercise this right
unless it is impossible to effect such a decision in the foreseeable future. Where the right of
the data protection officer to refuse to give evidence applies, his or her files and other
documents shall not be subject to seizure.
Section 7
Tasks
(1) In addition to the tasks listed in Regulation (EU) 2016/679, the data protection officer
shall have at least the following tasks:
1.
to inform and advise the public body and the employees who carry out
processing of their obligations pursuant to this Act and other data protec tion legislation,
including legislation enacted to implement Directive (EU) 2016/680;
2.
to monitor compliance with this Act and other data protection legislation,
including legislation enacted to implement Directive (EU) 2016/680, and with the policies
of the public body in relation to the protection of personal data, including the assignment
of responsibilities, awareness-raising and training of staff involved in processing
operations, and the related audits;
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