Article 52 GDPR clarifies the requirements for the independence of the supervisory authority.
What does independence involve?
To ensure the independence of the supervisory authority, according to Article 52 GDPR:
The member(s) of the supervisory authority:
Shall, when carrying out their tasks and exercising their powers in accordance with GDPR, remain free from direct and indirect external influence
Shall neither seek nor take instructions from anyone
Shall refrain from any action inconsistent with their duties
During their term of office, shall not engage in any occupation, whether gainful or not, inconsistent with their duties
Each Member State shall ensure that each supervisory authority:
Has the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and powers (including in terms of mutual assistance, co-operation and participation in the work of the European Data Protection Board)
Select and have its own staff acting under the sole direction of the member or members of the relevant supervisory authority
Be subject to financial scrutiny in a manner which does not compromise its independence
Have a separate, public annual budget, which may be part of the general state or national budget
Commentary to Article 52
Independence
What does independence involve?
To ensure the independence of the supervisory authority, according to Article 52 GDPR: