Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VI Independent supervisory authorities

Section 1 Independent status

Article 48 General conditions for the members of the supervisory authority

October 2013

Article 48(1)

1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the Member State concerned.

Article 48(2)

2. The members shall be chosen from persons whose independence is beyond doubt and whose experience and skills required to perform their duties notably in the area of protection of personal data are demonstrated.

Article 48(3)

3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement in accordance with paragraph 5.

Article 48(4)

4. A member may be dismissed or deprived of the right to a pension or other benefits in its stead by the competent national court, if the member no longer fulfills the conditions required for the performance of the duties or is guilty of serious misconduct.

Article 48(5)

5. Where the term of office expires or the member resigns, the member shall continue to exercise the duties until a new member is appointed.

[Source: October 2013]

Recital 95

(95) The general conditions for the members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members should be appointed by the parliament or the government of the Member State taking due care to minimise the possibility of political interference, and include rules on the personal qualification of the members, the avoidance of conflicts of interest and the position of those members.

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 48 provides general conditions for the members of the supervisory authority, implementing the relevant case law [36] and inspired also by Article 42(2) to (6) of Regulation (EC) 45/2001.

[Notes:]

[Source: January 2012 | Context: Proposal from the European Commission]

Article 48(1)

1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the Member State concerned.

Article 48(2)

2. The members shall be chosen from persons whose independence is beyond doubt and whose experience and skills required to perform their duties notably in the area of protection of personal data are demonstrated.

Article 48(3)

3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement in accordance with paragraph 5.

Article 48(4)

4. A member may be dismissed or deprived of the right to a pension or other benefits in its stead by the competent national court, if the member no longer fulfils the conditions required for the performance of the duties or is guilty of serious misconduct.

Article 48(5)

5. Where the term of office expires or the member resigns, the member shall continue to exercise the duties until a new member is appointed.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 95 [Amended: October 2013]

(95) The general conditions for the members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members should be either appointed by the parliament or the government of the Member State, and include rules on the personal qualification of the members and the position of those members.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]