Rina Steenkamp - Privacy and technology
Chapter VI Independent supervisory authorities
1. The supervisory authority shall act with complete independence in exercising the duties and powers entrusted to it, notwithstanding co-operation and consistency arrangements pursuant to Chapter VII of this Regulation.
2. The members of the supervisory authority shall, in the performance of their duties, neither seek nor take instructions from anybody, and maintain complete independence and impartiality.
3. Members of the supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
4. Members of the supervisory authority shall behave, after their term of office, with integrity and discretion as regards the acceptance of appointments and benefits.
5. Each Member State shall ensure that the supervisory authority is provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers, including those to be carried out in the context of mutual assistance, co-operation and participation in the European Data Protection Board.
6. Each Member State shall ensure that the supervisory authority has its own staff which shall be appointed by and be subject to the direction of the head of the supervisory authority.
7. Member States shall ensure that the supervisory authority is subject to financial control which shall not affect its independence. Member States shall ensure that the supervisory authority has separate annual budgets. The budgets shall be made public.
7a. Each Member State shall ensure that the supervisory authority shall be accountable to the national parliament for reasons of budgetary control.
[Source: October 2013]
(94) Each supervisory authority should be provided with the adequate financial and human resources, premises and infrastructure, which is necessary for the effective performance of their tasks, including for the tasks related to mutual assistance and cooperation with other supervisory authorities throughout the Union.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 47 clarifies the conditions for the independence of supervisory authorities, implementing case law by the Court of Justice of the European Union [34], inspired also by Article 44 of Regulation (EC) No 45/2001 [35].
[Notes:]
[Source: January 2012 | Context: Proposal from the European Commission]
1. The supervisory authority shall act with complete independence in exercising the duties and powers entrusted to it.
2. The members of the supervisory authority shall, in the performance of their duties, neither seek nor take instructions from anybody.
3. Members of the supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
4. Members of the supervisory authority shall behave, after their term of office, with integrity and discretion as regards the acceptance of appointments and benefits.
5. Each Member State shall ensure that the supervisory authority is provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers, including those to be carried out in the context of mutual assistance, co-operation and participation in the European Data Protection Board.
6. Each Member State shall ensure that the supervisory authority has its own staff which shall be appointed by and be subject to the direction of the head of the supervisory authority.
7. Member States shall ensure that the supervisory authority is subject to financial control which shall not affect its independence. Member States shall ensure that the supervisory authority has separate annual budgets. The budgets shall be made public.
[Source: January 2012 | Context: Proposal from the European Commission]
(94) Each supervisory authority should be provided with the adequate financial and human resources, premises and infrastructure, which is necessary for the effective performance of their tasks, including for the tasks related to mutual assistance and cooperation with other supervisory authorities throughout the Union.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]
| General Data Protection Regulation: | Directive 95/46/EC: |
|---|---|
| Article 47(1) | Article 28(1) |
1. [...]
These authorities shall act with complete independence in exercising the functions entrusted to them.