57. Federal Act, which changes the Data Protection Act 2000 (DSG-Novelle 2013)

The National Council has decided:

The Federal Act on the Protection of Personal Data (Data Protection Act 2000-DSG 2000), BGBl. I n ° 165/1999, as last amended by the Federal Law BGBl. I No 51/2012, shall be amended as follows:

1. § 37 (2) reads:

" (2) The Data Protection Commission shall be a service authority and a personnel office. A business office is set up to support the Data Protection Commission. In the Federal Finance Act, the necessary equipment and staffing equipment must be ensured. The officials of the office shall be subject only to the instructions of the Chairman of the Data Protection Commission. The Chairman of the Data Protection Commission shall exercise the diensity of staff at the office of the office. "

2. § 38 (2) reads:

" (2) The Federal Chancellor may inform himself with the Chairman of the Data Protection Commission of the items of management. The chairman of the Data Protection Commission must comply with this only in so far as this does not result in the complete independence of the supervisory authority within the meaning of Article 28 (1) (2) of Directive 95 /46/EC on the protection of individuals with regard to processing of personal data and on the free movement of such data, OJ No. OJ L 281, 23.11.1995 p. 31. '

(3) In accordance with § 60 (6), the following paragraph 6a is added:

" (6a) § 37 para. 2, § 38 (2) and § 61 (9) in the version of the Federal Law BGBl. I No. 57/2013 will enter into force on 1 May 2013. "

4. In accordance with Section 61 (8), the following paragraph 9 is added:

" (9) Staff members of the Federal Chancellery who procurate exclusively or mainly tasks which fall within the scope of the office of the Data Protection Commission shall be subject to the entry into force of the BGBl Act. I No. 57/2013 as a staff member of the Data Protection Commission. The Federal Chancellor has to determine with a communication which officials of the issuing Federal Chancellery obtain exclusively or mainly tasks which fall within the appropriate scope of action of the receiving data protection commission. For the contract staff, this shall apply with the proviso that a declaration of service shall be issued to the body of the date of the decision. "

Fischer

Faymann