Federal Commissioner for Data Protection and Freedom of Information

The Federal Commissioner for Data Protection and Freedom of Information (FfDF) is the federal commissioner not only for data protection but also (since commencement of the German Freedom of Information Act on January 1, 2006) for freedom of information.

Before the commencement of the Act, his title was "Federal Commissioner for Data Protection“ (FfD)". In this capacity, according to the German Federal Data Protection Act (FDPA) [ Bundesdatenschutzgesetz (BDSG) ], he is an independent control entity providing monitoring for data protection in public federal government positions and at corporations, and telecommunications and postal services. He produces a semiannual activity report. The German Federal Government nominates him and the German Bundestag elects him. During his time in office, he receives remuneration in the amount commensurate with a federal official in salary group B 9. In this regard, his status is that of a public law official, but not, however, that of a civil servant. The term of office is five years. He can be reelected.

A right to refuse to give evidence is available to the federal commissioner in regard to persons and facts with which comes into contact in his capacity as federal commissioner (FDPA §23, sec. 4). He is also empowered to decide about his employees' refusal to give evidence.

The German Federal Ministry of the Interior establishes the federal commissioner. His agency assumes an exceptional administrative organizational position. The FfDI's budget is accounted for in its own chapter. The necessary personnel and facilities are to be made available to him pursuant to legal regulations. Positions at the FfDI can only be filled with his approval.

The FfDI executes of his office independently subject only to law. There is no technical oversight (FDPA §22, sec. 4). He is subject to the federal government's legal oversight as well as the Federal Ministry of the Interior's official oversight.

Peter Schaar has been the Office of the Federal Commissioner incumbent since December 17, 2003. Roland Bachmeier represents the FfDI and is its leading official.

The Federal Commissioner monitors (FDPA §24) and advises (FDPA §26, sec. 3) federal civil servants, other public positions at the federal level, telecommunications and the postal service on the grounds of the Telecommunications Act (TCA) [ Telekommunikationsgesetz (TKG) ] and postal law [ Postgesetz (PostG) ]. He advises and monitors implementation of security inspections according to the Security Review Law (SRL) [ Sicherheitsüberprüfungsgesetz (SÜG) ], even to the extent that they affect private business.

1^ The German acronym is BfDI.