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GDPR > 第 54 條. 監管機關設立之規則
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第 54 條 GDPR. 監管機關設立之規則

Article 54 GDPR. Rules on the establishment of the supervisory authority

1. 各會員國應以法律規定下列所有事項:

1. Each Member State shall provide by law for all of the following:

(a) 各監管機關之設立;

(a) the establishment of each supervisory authority;

(b) 得受任命為各監管機關成員所需之資格與條件。

(b) the qualifications and eligibility conditions required to be appointed as member of each supervisory authority;

(c) 任命各監管機關成員之規則與程序;

(c) the rules and procedures for the appointment of the member or members of each supervisory authority;

(d) 各監管機關成員之任期不得少於四年。但為保障監管機關獨立性 之必要而採取交錯任期之方式,使 2016 年 5 月 24 日後第一次任命之 任期較短者,不在此限;

(d) the duration of the term of the member or members of each supervisory authority of no less than four years, except for the first appointment after 24 May 2016, part of which may take place for a shorter period where that is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;

(e) 各監管機關成員是否得受再任命,及若是,其任期數;

(e) whether and, if so, for how many terms the member or members of each supervisory authority is eligible for reappointment;

(f) 各監管機關成員及工作人員之義務條款、禁止其任期內與任期後 與其職務不相容之行為、兼職及利益、以及停職之規範。

(f) the conditions governing the obligations of the member or members and staff of each supervisory authority, prohibitions on actions, occupations and benefits incompatible therewith during and after the term of office and rules governing the cessation of employment.

2. 依歐盟或會員國法,各監管機關之成員及工作人員應於任期內及 任期後,對因行使職權知悉之任何機密資料負專業保密義務。於任期 內,其專業保密義務尤其應適用於本規則之當事人侵害報告。

2. The member or members and the staff of each supervisory authority shall, in accordance with Union or Member State law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks or exercise of their powers. During their term of office, that duty of professional secrecy shall in particular apply to reporting by natural persons of infringements of this Regulation.

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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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