Right to appeal to a body, data protection officers

(1) Where a person concerned considers that his or her rights have been infringed in the processing of his or her social data, that person may 1. approach the Federal Commissioner, where he or she alleges an infringement of his or her rights by a body of the Federation named in section 35 of the First Book in performing functions under this Code; 2. approach the body competent under Land law for data-protection control, where he or she alleges an infringement of his or her rights by another body named in section 35 of the First Book in performing functions under this Code.
(2) In performing functions under this Code, sections 14 to 16 of the Federal Data Protection Act apply to the bodies named in section 35 of the First Book. For public bodies of the Länder falling under section 35 of the First Book, the body competent under Land law for data-protection control takes the place of the Federal Commissioner.
(3) Associations and working groups of the bodies named in section 35 of the First Book, or of their associations, are, insofar as they perform functions under this Code and bodies of the Federation participate in them, treated, without prejudice to their legal form, as public bodies of the Federation where they operate beyond the area of one Land, and otherwise as public bodies of the Länder. Other institutions of the bodies named in section 35 of the First Book, or of their associations, are treated as public bodies of the Federation where the absolute majority of the shares or the votes vests in one or more public bodies of the Federation, and otherwise as public bodies of the Länder. The data centre of the pension insurance under section 145(1) of the Sixth Book is treated as a public body of the Federation.
(4) Sections 5 to 7 of the Federal Data Protection Act apply correspondingly to the bodies named in section 35 of the First Book, to the intermediary bodies under section 67d(3), and to the processors. In spatially separate organisational units, it must be ensured that the data protection officer is supported in performing his or her functions. The first and second sentences do not apply to public bodies of the Länder, with the exception of the social insurance carriers and their associations. Subsection (2), second sentence applies correspondingly.