Recital 92*

Go to related Article 46

Go to related Article 47

Commission proposal

(92) The establishment of supervisory authorities in Member States, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of their personal data. Member States may establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure.

EDRi’s Proposed amendment

(92) The establishment of supervisory authorities in Member States, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of their personal data. Member States may establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure. Independence shall be understood as not having direct or indirect political involvement in selection of leadership and having adequate financial personal and legal resources to carry out its role fully.

Justification:

This provision must be as clear as possible, particularly bearing in mind existing political, personnel and legal limitations of DPAs under the current Directive.

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