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69. Independence

20/12/2016 by Andreas Schindler

« 68. European Data Protection Board70. Tasks of the Board »

CHAPTER VII Cooperation and consistancy Section 3 European data protection board

69. Independence

The Board shall act independently when performing its tasks or exercising its powers pursuant to Articles 70 and 71.

Without prejudice to requests by the Commission referred to in point (b) of Article 70(1) and in Article 70(2), the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from anybody.

Recitals

Recital 139

In order to promote the consistent application of this Regulation, the Board should be set up as an independent body of the Union. To fulfil its objectives, the Board should have legal personality. The Board should be represented by its Chair. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of the head of a 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 of each Member State and the European Data Protection Supervisor or their respective representative‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation GDPR Article 4 Paragraph 17s. The Commission should participate in the Board’s activities without voting rights and the European Data Protection Supervisor should have specific voting rights. The Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission, in particular on the level of protection in third countries or international organisation‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries GDPR Article 4 Paragraph 26s, and promoting cooperation of the supervisory authorities throughout the Union. The Board should act independently when performing its tasks.

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