| « 51. Supervisory authority | 53. General conditions for the members of the supervisory authority » |
CHAPTER VI Independent supervisory authorities Section 1 Independent status
52. Independence
Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.
The member or members of each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.
Member or members of each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 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.
Each Member State shall ensure that each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers, including those to be carried out in the context of mutual assistance, cooperation and participation in the Board.
Each Member State shall ensure that each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because: (a) the controller or processor is established on the territory of the Member State of that supervisory authority; (b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or (c) a complaint has been lodged with that supervisory authority GDPR Article 4 Paragraph 22.
Each Member State shall ensure that each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.
Recitals
Recital 118
The independence of supervisory authorities should not mean that the supervisory authorities cannot be subject to control or monitoring mechanisms regarding their financial expenditure or to judicial review.
Recital 120
Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 should be provided with the financial and human resources, premises and infrastructure necessary for the effective performance of their tasks, including those related to mutual assistance and cooperation with other supervisory authorities throughout the Union. Each supervisory authority‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51 GDPR Article 4 Paragraph 21 should have a separate, public annual budget, which may be part of the overall state or national budget.