Independence of Supervisory Authority

Generally independence of any authority plays a vital role towards the efficiency of any authority which majorly deals in public related interest and there is no denial that GDPR deals majorly with the interest of humans in general and specially to their right to privacy. 

Article 52 of GDPR mandates and states that each supervisory authority shall act entirely with competence while performing its tasks and exercising its powers as per the GDPR. It further states that the member or members of each supervisory authority must, while performing their tasks and exercising their powers under GDPR, remain free from all sorts of external influence (direct or indirect), and shall neither seek nor take instructions from anybody. 

Further, members or members of each supervisory authority must refrain from any action which is incompatible with their duties and must not, during their term of office, engage in any incompatible occupation (whether gainful or not). Each member state is also obliged to 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. 

Nonetheless each member state must ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or member of the supervisory authority concerned. Member states are also to ensure that each supervisory authority is subject to financial control which does not affect its independence and a separate public budget must be allocated and that shall form as a part of the overall state or national budget. 

In general observing and maintaining independence is the key factor to ensure the proper and non-influential working of any authority, under this article the provisions of GDPR have provided and covered all aspects in order to ensure and maintain the independence of the supervisory authority. 

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