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.
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Austria
Independent status § 19 DSG (1) The Data Protection Authority acts as an authority supervising staff and as a human resource department. (2) During his or her term of office, the head must not exercise any function that
The head is required to report functions that he or she exercises alongside his or her office as the head of the Data Protection Authority to the Federal Chancellor without delay. (3) The Federal Chancellor can request information from the head of the Data Protection Authority on matters to be dealt with by the Authority. The head of the Data Protection Authority has to meet this request only insofar as it does not impair the complete independence of the supervisory authority as described in Article 52 of the General Data Protection Regulation. |
Hungary
Legal status of the Authority § 38 Data Protection Act [...] (5) The Authority is an independent body that is subject to Hungarian law only, it may not be instructed in its official capacity, shall operate independent of any outside interference, without any bias. Responsibilities may only be prescribed for the Authority by acts of Parliament. Budget and financial management of the Authority § 39 Data Protection Act (1) The Authority is a self-regulatory, publicly-financed body, funded under an independent title in the budget chapter of Parliament. (2) Parliament shall have exclusive right to reduce the principal amounts of the Authority’s expenditure and revenue accounts, with the exception of temporary measures adopted for the prevention of any natural disaster endangering lives and property, or in order to mitigate the consequences thereof, and the decisions the Authority has adopted within its own powers and competence, or when acting in the capacity of a governing body. (3) (4) The Authority may allocate any residual amounts that may have remained in its budget from the previous year for financing operations in subsequent years. |