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INTRODUCTION
REGULATION
40
(117) The establishment of supervisory authorities in Member States,
empowered to perform their tasks and exercise their powers with
complete independence, is an essential component of the protection
of natural persons with regard to the processing of their personal
data. Member States should be able to establish more than one
supervisory authority, to reflect their constitutional, organisational and
administrative structure.
(118) The independence of supervisory authorities should not mean that
the supervisory authorities cannot be subject to control or monitoring
mechanisms regarding their financial expenditure or to judicial review.
(119) Where a Member State establishes several supervisory authorities,
it should establish by law mechanisms for ensuring the effective
participation of those supervisory authorities in the consistency
mechanism. That Member State should in particular designate the
supervisory authority which functions as a single contact point for the
effective participation of those authorities in the mechanism, to ensure
swift and smooth cooperation with other supervisory authorities, the
Board and the Commission.
(120) Each supervisory authority should be provided with the financial
and human resources, premises and infrastructure necessary for
the effective performance of their tasks, including those 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.
(121) The general conditions for the member or members of the supervisory
authority should be laid down by law in each Member State and should
in particular provide that thosemembers are to be appointed, bymeans
of a transparent procedure, either by the parliament, government
or the head of State of the Member State on the basis of a proposal
from the government, a member of the government, the parliament
or a chamber of the parliament, or by an independent body entrusted
under Member State law. In order to ensure the independence of
the supervisory authority, the member or members should act with
integrity, refrain from any action that is incompatible with their duties
and should not, during their term of office, engage in any incompatible
occupation, whether gainful or not. The supervisory authority
should have its own staff, chosen by the supervisory authority or an
independent body established by Member State law, which should be
subject to the exclusive direction of the member or members of the
supervisory authority.
(122) Each supervisory authority should be competent on the territory
of its own Member State to exercise the powers and to perform the
tasks conferred on it in accordance with this Regulation. This should
cover in particular the processing in the context of the activities of an
establishment of the controller or processor on the territory of its own
Member State, the processing of personal data carried out by public
authorities or private bodies acting in the public interest, processing
affecting data subjects on its territory or processing carried out by a
controller or processor not established in the Union when targeting
data subjects residing on its territory. This should include handling