Federal Commissioner for Data Protection and Freedom of Information

The Federal Commissioner for Data Protection and Freedom of Information ( BfDI ) is the commissioner of the Federal both for data protection and freedom of information. The seat is located in the district of Bonn Castell.

Position

Before the entry into force of the Federal Freedom of Information Act on 1 January 2006, his title was Federal Commissioner for Data Protection ( BfD ). It is in this function according to the Federal Data Protection Act ( BDSG) independent supervisory body responsible for monitoring the data protection at public bodies of the Federation and a company engaged in the telecommunications and postal services. He created a two-year activity report. It is proposed by the federal government and elected by the Bundestag. During his tenure, he receives emoluments in the amount of a federal official in Grade B 9 rightful pay. He stands in a public official capacity, but not in an official relationship. The term of office is five years. He may be re -elected once.

The Federal Commissioner is entitled to refuse to give evidence with regard to persons and facts with which he, in his capacity as a federal officer comes into contact ( § 23 para 4 BDSG). It can also decide on the refusal to give evidence of its employees.

The Office of the Federal Commissioner is established at the Federal Ministry of the Interior. It does not belong to the downstream division, but takes administrative organization has a special position, since otherwise would be a data-protection monitoring of federal ministries possible. The budget of the BfDI is reported in a separate chapter, it is to provide the necessary personnel and material resources available in accordance with statutory requirements. Make the BfDI can be occupied only with his consent.

In the performance of his duties the BfDI is independent and subject only to the law, a technical oversight does not exist ( § 22 para 4 BDSG). He is under the legal supervision of the federal government and the authority of the Federal Ministry of the Interior.

The Office of the Federal Commissioner is exercised since December 19, 2013 by Andrea Voßhoff. Director at BfDI and senior officer is Diethelm Gerhold.

Tasks

The Federal Commissioner controls (§ 24 BDSG) and advises ( § 26 paragraph 3 Federal Data Protection Act ) Federal agencies, other public bodies of the Federation, telecommunications and postal services company on the basis of the Telecommunications Act (TKG ) and the Postal Act ( Postal Act ). He advises and monitors the implementation of safety checks after the vetting law ( SÜG ) of the Covenant, including those which relate to private companies.

Not to His duties include the supervision of data protection in the general private sector; for this purpose the supervisory authorities of the countries are responsible ( § 38 BDSG).

The Federal Data Protection Commissioner is a member of the Conference of Data Protection Commissioners of the Federation and the Länder and represents Germany in the Article 29 Data Protection Working Party of the European Union and in the European and international conferences Privacy and Freedom of Information Officer. He also acts in the common data protection supervisory bodies of Europol and the Schengen Information System (SIS ) with.

Organization

The BfDI under stand next to the Office of Central tasks and the press office nine thematic units:

  • Section I: Basic issues and non-public area
  • Unit II: labor, financial and business management, law, defense, community service
  • Unit III: Social and Health Services, Employee Data Protection
  • Unit IV: projects of applied computer science, telematics
  • Unit V: police, intelligence services, criminal law, European and international police and judicial cooperation
  • Unit VI: Technological data protection, information technology, data security
  • Unit VII: European and International Affairs, Internal Administration, Foreign Service, Stasi Archives
  • Unit VIII: Telecommunications, Telemedia and postal services Project group Electronic Health

The BfDI has set up a liaison office in Berlin with 15 employees.

The activity report

The activity report (TB) of the Federal Commissioner for Data Protection is a gem. § 26 BDSG to inform the German Bundestag and the public 's biennial report on the major developments of data protection. He appears as a Bundestag printed paper and is also available in PDF format on the website of BfD. For the TB Unit is responsible I.

The Federal Commissioner for Data Protection

  • Hans Peter Bull ( February 14, 1978 to May 16, 1983)
  • Reinhold Baumann (16 May 1983 to June 9, 1988 )
  • Alfred Einwag (June 9, 1988 to June 30, 1993 )
  • Joachim Jacob (July 1, 1993 to December 17, 2003 )
  • Peter Schaar (December 17, 2003 to December 16, 2013 )
  • Andrea Voßhoff (elected December 19, 2013, appointed on January 6, 2014)
Article 29 Working Party Federal Criminal Police Office (Germany)
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