57. Federal law, with the data protection Act 2000 is changed (DSG Novella 2013)
The National Council has decided:
The Federal law on the protection of personal data (Data Protection Act 2000 - DSG 2000), Federal Law Gazette I no. 165/1999, as last amended by Federal Law Gazette I no. 51/2012, is amended as follows:
1. paragraph 37 para 2:
"(2) the data protection Commission is a service and personnel authorities. To support the data protection Commission, an Office is set up. The necessary material and human resources must be ensured in the Federal Finance Act. The staff of the Office are subject to only the instructions of the Chairman of the Commission for data protection. Chairman of the data protection Commission exerts the service prerogative over the staff in the Office."
2. paragraph 38 paragraph 2:
"(2) the Chancellor may inform the Chairman of the Privacy Commission on the items of the Executive Board. Which of the data protection Commission's Chairman only in so far is to comply with, as this not the complete independence of the supervisory authority within the meaning of article 28 para 1 UAbs. 2 of Directive 95/46/EC on the protection of natural persons in the processing of personal data and on the free movement of data, OJ No. L 281 of 23.11.1995 p. 31, contradicts."
3. According to § 60 paragraph 6, the following paragraph 6a is added:
"(6a) I will take no. 57/2013 § 37 para 2, § 38 paragraph 2 and article 61 paragraph 9 as amended by Federal Law Gazette 1 may 2013 effect."
4. According to article 61, paragraph 8, the following paragraph 9 is added to:
"(9) the staff of the Office of Chancellor, which exclusively or predominantly get tasks which fall within the sphere of competence of the Office of the data protection Commission, be applied I no. 57/2013 as a data protection Commission officials upon entry into force of the Federal law.. The Chancellor has let to determine which officials of the issuing Federal Chancellery exclusively or mainly get tasks, which fall within the corresponding scope of acquiring data protection Commission. This applies to contract employees with the proviso that an employer statement takes the place of the ruling."