Special protection against dismissal has been strengthened considerably for supervisor of amendment II of the Federal Data Protection Act (BDSG) in force on the 1st of September 2009 the legal position of the information Commissioner. In addition to the already before the amendment be night stranding ban and the limited possibility of revocation, the new regulation in 4 f now also a special protection against dismissal of the information Commissioner envisages para 3 BDSG. This is then cancelled during his tenure, as well as for an acting for period of one year only for important reasons. An ordinary termination of the information Commissioner is therefore comparable to”practically no longer possible with the legal situation of Works Council members, explained Stephanie Musiol lawyer of the law firm of Baker.REIMANN.STARI in Berlin. Rather reasons must exist, which entitle the employer to the dictum of an extraordinary termination”. However, because latter is tied to strict conditions, he should according to Lawyer be allowed the termination of the information Commissioner in practice regularly only in rare cases. An exception to this applies according to Malappuram only the voluntary assignment: the legal ban on dismissal concerns the wording after private companies only if they are obliged to appoint a data protection officer. A further expansion of employment protection is eliminated”.
The prohibition of ordinary termination applies, not related to the duties of the employee as a data protection officer also in contrast to the old legal situation – also on layoffs. “Also the involuntary termination of a part time supervisor is so”, where the Administration is only a very small part of his entire work, prohibited “, explains the Arbeitsrechtlerin. Due to the special protection against dismissal the supervisor not participate also in the social selection. Against this background, the unlimited should Setting or order internal data protection officer be well-planned”recommends lawyer Musiol. Because the advantage in the use of external, which expressly allows the BDSG, lie on the hand: the special dismissal protection does not apply in addition to the potential cost savings in this case due to lack of employment. While a revocation of appointment only for important reasons is possible here, but can a certain period be arranged with a company-independent data protection officer, the order automatically ends with the expiry. Such a time limitation is possible with the hiring of an employee only under narrow conditions and maximum up to a period of two years.” Answer technical questions: lawyer Stephanie Musiol, LL.M lawyer Glenn Dammann – lawyer specializing in labour law – BETHGE.REIMANN.STARI lawyers Kurfurstendamm 67 10707 Berlin Tel + 49 (0) 30 89 04 92 – 15 fax + 49 (0) 30 89 04 92 – 10