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GDPR > 第 53 條. 監管機關成員之一般條款
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第 53 條 GDPR. 監管機關成員之一般條款

Article 53 GDPR. General conditions for the members of the supervisory authority

1. 會員國應使其監管機關之各成員由下列單位本於透明程序所任 命:

1. Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by:

—國會;

— their parliament;

—政府;

— their government;

—國家元首;或

— their head of State; or

—依會員國法委託設立之獨立機構。

— an independent body entrusted with the appointment under Member State law.

2. 各成員應具行使職權之資格、經驗及技巧,特別是關於個人資料 保護之領域。

2. Each member shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform its duties and exercise its powers.

3. 成員之職責應依各該會員國法於其任期結束、解任或強制退休時 終止。

3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement, in accordance with the law of the Member State concerned.

4. 僅於有嚴重不當行為或成員不再符合執行職務之資格時,得解任 成員。

4. A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions required for the performance of the duties.

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(121) 關於監管機關成員之一般性規範,應由各會員國以法律定之, 並應特別規定該等成員係基於政府、政府成員、國會或國會議院或會 員國立法委託之獨立機構之提案,依透明之程序選任,不問係由國會、 政府或會員國之元首為之。為確保監管機關之獨立性,其成員應依誠 信原則為各項行為,避免任何與其職務在性質上不相容之行為,且不 應在其任期中從事任何性質上不相容之工作,不問該工作是否受有報 酬。監管機關應擁有由監管機關或依會員國法設立之獨立機構所挑選 出之職員,該等職員應遵從監管機關成員排他之行政指揮。

(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 those members are to be appointed, by means 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.

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