4.5.2016
EN
Official Journal of the European Union
L 119/101
such a transfer between competent authorities and recipients established in third countries should take place only
in specific individual cases, this Directive should provide for conditions to regulate such cases. Those provisions
should not be considered to be derogations from any existing bilateral or multilateral international agreements in
the field of judicial cooperation in criminal matters and police cooperation. Those rules should apply in addition
to the other rules of this Directive, in particular those on the lawfulness of processing and Chapter V.
(74)
Where personal data move across borders it may put at increased risk the ability of natural persons to exercise
data protection rights to protect themselves from the unlawful use or disclosure of those data. At the same time,
supervisory authorities may find that they are unable to pursue complaints or conduct investigations relating to
the activities outside their borders. Their efforts to work together in the cross-border context may also be
hampered by insufficient preventative or remedial powers and inconsistent legal regimes. Therefore, there is a
need to promote closer cooperation among data protection supervisory authorities to help them exchange
information with their foreign counterparts.
(75)
The establishment in Member States of supervisory authorities that are able to exercise their functions with
complete independence is an essential component of the protection of natural persons with regard to the
processing of their personal data. The supervisory authorities should monitor the application of the provisions
adopted pursuant to this Directive and should contribute to their consistent application throughout the Union in
order to protect natural persons with regard to the processing of their personal data. To that end, the supervisory
authorities should cooperate with each other and with the Commission.
(76)
Member States may entrust a supervisory authority already established under Regulation (EU) 2016/679 with the
responsibility for the tasks to be performed by the national supervisory authorities to be established under this
Directive.
(77)
Member States should be allowed to establish more than one supervisory authority to reflect their constitutional,
organisational and administrative structure. Each supervisory authority should be provided with the financial and
human resources, premises and infrastructure, which are necessary for the effective performance of their tasks,
including for the tasks related to mutual assistance and cooperation with other supervisory authorities
throughout the Union. Each supervisory authority should have a separate, public annual budget, which may be
part of the overall state or national budget.
(78)
Supervisory authorities should be subject to independent control or monitoring mechanisms regarding their
financial expenditure, provided that such financial control does not affect their independence.
(79)
The general conditions for the member or members of the supervisory authority should be laid down by
Member State law and should in particular provide that those members should be either appointed by the
parliament or the government or the head of State of the Member State based on a proposal from the
government or a member of the government, or the parliament or its chamber, or by an independent body
entrusted by Member State law with the appointment by means of a transparent procedure. In order to ensure
the independence of the supervisory authority, the member or members should act with integrity, should refrain
from any action incompatible with their duties and should not, during their term of office, engage in any
incompatible occupation, whether gainful or not. In order to ensure the independence of the supervisory
authority, the staff should be chosen by the supervisory authority which may include an intervention by an
independent body entrusted by Member State law.
(80)
While this Directive applies also to the activities of national courts and other judicial authorities, the competence
of the supervisory authorities should not cover the processing of personal data where courts are acting in their
judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks. That
exemption should be limited to judicial activities in court cases and not apply to other activities where judges
might be involved in accordance with Member State law. Member States should also be able to provide that the
competence of the supervisory authority does not cover the processing of personal data of other independent
judicial authorities when acting in their judicial capacity, for example public prosecutor's office. In any event, the
compliance with the rules of this Directive by the courts and other independent judicial authorities is always
subject to independent supervision in accordance with Article 8(3) of the Charter.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents