Service provided by the Federal Ministry of Justice and the Federal Office of Justice ‒ www.gesetze-im-internet.de 3. to provide advice as regards the data protection impact assessment and monitor its implementation pursuant to Section 67 of this Act; 4. to cooperate with the supervisory authority; 5. to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Section 69 of this Act, and to consult, where appropriate, with regard to any other matter. In the case of a data protection officer ordered by a court, these tasks shall not refer to the action of the court acting in its judicial capacity. (2) The data protection officer may perform other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests. (3) The data protection officer shall in the performance of his or her tasks give due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing. Chapter 4 Federal Commissioner for Data Protection and Freedom of Information Section 8 Establishment (1) The Federal Commissioner for Data Protection and Freedom of Information (Federal Commissioner) shall be a supreme federal authority. It is located in Bonn. (2) Civil servants of the Federal Commissioner shall be federal civil servants. (3) The Federal Commissioner may delegate human resources administration and management tasks to other federal bodies as long as doing so does not affect the Federal Commissioner’s independence. Personal data of staff members may be transmitted to these bodies as needed for them to perform their delegated tasks. Section 9 Competence (1) The Federal Commissioner shall be competent to supervise the public bodies of the Federation, also if they take part in competition as enterprises governed by public law, as well as businesses which process data of natural or legal persons for the commercial provision of telecommunications services, unless the responsibility for supervision is already indicated in Section 115 (4) of the Telecommunications Act. The provisions of this chapter shall also apply to processors if they are private bodies in which the Federation holds the absolute majority of shares or controls the absolute majority of votes and they process data on behalf of a public body of the Federation. (2) The Federal Commissioner shall not be competent to supervise processing operations of federal courts acting in their judicial capacity. Section 10 Independence (1) The Federal Commissioner shall act with complete independence in performing his or her tasks and exercising his or her powers. The Federal Commissioner shall remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. (2) The Federal Commissioner shall be subject to audit by the Bundesrechnungshof as l ong as this does not affect his or her independence. Section 11 Appointment and term of office (1) At the proposal of the Federal Government, the German Bundestag shall elect without debate the Federal Commissioner with more than half of the statutory number of its members. The person elected shall be appointed by the Federal President. The Federal Page 5 of 43