Article 52
Independence
(62) Whereas the establishment in Member States of supervisory authorities, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of personal data;
Regulation
Art. 52 1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. The member or members of each supervisory authority 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. 3. Member or members of each 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. Each Member State shall ensure that each supervisory authority 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. 5. Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned. 6. Each Member State shall ensure that each supervisory authority 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. |
Directive
Art. 28 (…). These authorities shall act with complete independence in exercising the functions entrusted to them.
|
Turkey
MADDE 19 - (1) Bu Kanunla verilen görevleri yerine getirmek üzere, idari ve mali özerkliğe sahip ve kamu tüzel kişiliğini haiz Kişisel Verileri Koruma Kurumu kurulmuştur. (2) Kurum Başbakanlıkla ilişkilidir. (3) Kurumun merkezi Ankara' dadır. (4) Kurum, Kurul ve Başkanlıktan oluşur. Kurumun karar organı Kuruldur. |
Austria
In force until May 25, 2018: Organisation and Independence of the Data Protection Authority § 37 DSG 2000 (1) The head of the Data Protection Authority is independent and not bound by instructions in the exercise of his office. (2) The Data Protection Authority is an administrative authority und human resource department. The Federal Finance Act shall provide for the necessary expenditures for staff and equipment. The officials of the Data Protection Authority shall be bound only by the instructions of the head. The head shall have the service prerogative over the officials of the Data Protection Authority. (3) The Federal Chancellor can request information from the head of the Data Protection Authority about the operations of the authority. The head of the Data Protection Authority shall comply such requests only insofar as this does not compromise the independence of the supervisory authority as laid down in Article 28 paragraph 1 sub-paragraph 2 of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Official Journal L 281, 23/11/1995, p. 31. (4) The Data Protection Authority shall be heard before laws concerning essential issues of data protection and federal ordinances based on this federal law or which otherwise directly concerns important issues of data protection are enacted. (5) The Data Protection Authority shall formulate until 31 March every year a report about its workings in the preceding calendar year, submit it to the Federal Chancellor and publish it in an appropriate manner. The report shall be submitted to the National Council and the Federal Council by the Federal Chancellor. (6) Decisions of the Data Protection Authority of fundamental importance to the general public shall be published by the Data Protection Authority in a suitable manner while respecting official secrecy rules. |