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Publishers Abstract:
In Commission v. Austria the Court of Justice was confronted with the Commission's claim that the Austrian public body named the Data Protection Commission (Daeenschuezkommission; DSK), a supervisory authority (or Data Protection Authority; DPA) within the meaning of Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, did not fulfil the requirement of complete independence in exercising the functions entrusted to them. Interestingly, it was not the first time the ECJ had an opportunity to state that the national supervisory authorities appointed pursuant to Directive 95/46 did not meet the required standard of independence. Directive 95/46 obliges each Member State to establish one or more public supervisory authorities which should be responsible for monitoring the application within its territory of the provisions adopted there pursuant to this Directive (Art. 28(1)).
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