Tag Archives: Austria

On 28 October 2010, the European Commission decided to refer Austria to the Court of Justice for its lack of independent data protection authority (see press release IP/10/1430). The Commission deemed that provisions setting up the so-called Data Protection Commission (Datenschutzkommission) do not conform to EU rules, which require Member States to establish a completely independent supervisory body to monitor the application of Directive 95/46/EC ("Data Protection Directive"). Even though the Austrian Data Protection Act 2000 (Datenschutzgesetz 2000) sets forth that the members of the Data Protection Commission shall be "independent and not bound by instructions in the exercise of their duties", the Commission considers that “complete independence,” as required under Article 28 para 1 of the Data Protection Directive, is not guaranteed. The Commission alleges that the Data Protection Commission remains under the supervision of the Federal Chancellor because it is integrated into the Chancellery in terms of its organisation and staff … Continue Reading ››