| « 52. Independence | 54. Rules on the establishment of the supervisory authority » |
CHAPTER VI Independent supervisory authorities Section 1 Independent status
53. General conditions for the members of the supervisory authority
Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:
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their parliament;
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their government;
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their head of State; or
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an independent body entrusted with the appointment under Member State law.
Each member shall have the qualifications, experience and skills, in particular in the area of the protection of personal data‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person GDPR Article 4 Paragraph 1 , required to perform its duties and exercise its powers.
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 the law of the Member State concerned.
A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions required for the performance of the duties.
Recitals
Recital 121
The general conditions for the member or members of the 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 laid down by law in each Member State and should in particular provide that those members are to be appointed, by means of a transparent procedure, either by the parliament, government or the head of State of the Member State on the basis of a proposal from the government, a member of the government, the parliament or a chamber of the parliament, or by an independent body entrusted under Member State law. In order to ensure the independence of the 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, the member or members should act with integrity, refrain from any action that is incompatible with their duties and should not, during their term of office, engage in any incompatible occupation, whether gainful or not. The 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 its own staff, chosen by the 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 or an independent body established by Member State law, which should be subject to the exclusive direction of the member or members of the 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.