1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation.
Article 52 GDPR - Independence
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.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Paragraph 1 requires each authority to act with complete independence in performing its tasks and exercising its powers under the Regulation. Paragraphs 2 to 6 then translate this into concrete guarantees concerning the members' freedom from influence, incompatible occupations, resources, staff and budget.
Under paragraph 2 the members must remain free from external influence, whether direct or indirect, and must neither seek nor take instructions from anybody. Paragraph 3 adds that they must refrain from any action incompatible with their duties and must not, during their term of office, engage in any incompatible occupation, whether gainful or not.
Paragraph 4 requires the human, technical and financial resources, premises and infrastructure necessary for the effective performance of the authority's tasks and exercise of its powers. The provision expressly includes the resources needed for mutual assistance, cooperation and participation in the Board, so the cross-border workload under Chapter VII must be funded as well.
Paragraph 5 requires that each authority chooses and has its own staff, subject to the exclusive direction of the member or members of that authority. Staff seconded from or directed by another branch of government would be incompatible with this guarantee.
Yes, within limits. Paragraph 6 permits financial control provided it does not affect the authority's independence, and it requires separate, public annual budgets, which may nevertheless form part of the overall state or national budget.