Article 53
General conditions for the members of the supervisory authority
(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. 53 1. Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by: – their parliament – their government; – their head of State; or – an independent body entrusted with the appointment under Member State law. 2. Each member shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform its duties and exercise its powers. 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 the law of the Member State concerned. 4. 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. |
Directive
Art. 28 (...) 7. Member States shall provide that the members and staff of the supervisory authority, even after their employment has ended, are to be subject to a duty of professional secrecy with regard to confidential information to which they have access. |
Poland
In force until May 25, 2018: The Act on Personal Data Protection
Article 8 1. The supervisory authority for the protection of personal data shall be the Inspector General for Personal Data Protection, hereinafter called "the Inspector General". 2. The Inspector General is appointed and dismissed by the Sejm of the Republic of Poland with the consent of the Senate. 3. Only a person who meets inclusively the following requirements may be appointed to the position of the Inspector General: 1) he/she is a Polish citizen permanently residing within the territory of the Republic of Poland, 2) he/she is known for outstanding moral principles, 3) he/she has a degree in law and a proper professional experience, 4) he/she has no criminal record. 4. With regard to the performance of the duties entrusted to the Inspector General, he/she shall be solely subject to the provisions governed by the Act. 5. The term of office of the Inspector General shall last 4 years following the date of his /her taking the oath. After the expiration of his/her term the Inspector General shall continue to perform his/her duties until the new Inspector General takes over his/her position. 6. The same person may hold the office of the Inspector General for not more than two terms. 7. The term of office of the Inspector General shall expire with his/her death, dismissal or the loss of the Polish citizenship. 8. The Sejm, with the consent of the Senate, shall dismiss the Inspector General in case of: 1) his/her resignation, 2) becoming permanently unable to perform his/her duties due to an illness, 3) violating his/her oath, 4) being sentenced pursuant to a valid court judgment for committing a crime.
Article 11 1. The Inspector General may neither be held criminally responsible nor deprived of freedom without the prior consent of the Sejm, subject to the provision of paragraph 2. 2. The Inspector General can express consent to holding him/her criminally responsible for petty offences referred to in paragraph 3, in the mode specified in this provision. (…) |
Poland
In force until May 25, 2018: The Act on Personal Data Protection
Article 8 1. The supervisory authority for the protection of personal data shall be the Inspector General for Personal Data Protection, hereinafter called "the Inspector General". 2. The Inspector General is appointed and dismissed by the Sejm of the Republic of Poland with the consent of the Senate. 3. Only a person who meets inclusively the following requirements may be appointed to the position of the Inspector General: 1) he/she is a Polish citizen permanently residing within the territory of the Republic of Poland, 2) he/she is known for outstanding moral principles, 3) he/she has a degree in law and a proper professional experience, 4) he/she has no criminal record. 4. With regard to the performance of the duties entrusted to the Inspector General, he/she shall be solely subject to the provisions governed by the Act. 5. The term of office of the Inspector General shall last 4 years following the date of his /her taking the oath. After the expiration of his/her term the Inspector General shall continue to perform his/her duties until the new Inspector General takes over his/her position. 6. The same person may hold the office of the Inspector General for not more than two terms. 7. The term of office of the Inspector General shall expire with his/her death, dismissal or the loss of the Polish citizenship. 8. The Sejm, with the consent of the Senate, shall dismiss the Inspector General in case of: 1) his/her resignation, 2) becoming permanently unable to perform his/her duties due to an illness, 3) violating his/her oath, 4) being sentenced pursuant to a valid court judgment for committing a crime.
Article 11 1. The Inspector General may neither be held criminally responsible nor deprived of freedom without the prior consent of the Sejm, subject to the provision of paragraph 2. 2. The Inspector General can express consent to holding him/her criminally responsible for petty offences referred to in paragraph 3, in the mode specified in this provision. (…) |