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Saxony-Anhalt: LfD Sachsen-Anhalt requests termination of legislative process to amend data protection act in light of transparency violation

The Sachsen-Anhalt data protection authority ('LfD Sachsen-Anhalt') issued, on 11 April 2023, a statement requesting the termination of the legislative process of a motion to amend the Data Protection Act Saxony-Anhalt ('DSG LSA') of 12 March 1992, as amended. In particular, the LfD Sachsen-Anhalt found the motion in breach of transparency obligations under Article 53(1) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and Section 9 of the State Civil Servants Act Saxony-Anhalt. Notably, the LfD Sachsen-Anhalt explained that the government factions had introduced the motion, on 16 February 2023, which seeks to reorganise the election of the LfD Sachsen-Anhalt so that parliamentary groups have the right to propose candidates for election in the state parliament, instead of publicly advertising the position.

More in detail, the LfD Sachsen-Anhalt pointed out that the motion violates the legal requirement of transparency, highlighting that a call for nominations is the only way to make transparent which candidates are actually being considered. Further, the LfD Sachsen-Anhalt noted that the fact that an election proposal is made by the parliamentary groups does not indicate which candidates have been approached or considered, and continued that there are no requirements for the parliamentary groups to document and disclose the selection process.

You can read the statement here and the motion here, both only available in German.