(129) 為確保本規則於歐盟境內一致之監督及執行，監管機關於各會 員國境內應有相同之任務及有效之權力，尤其在當事人之申訴案件中，應有包括調查之權力、矯正及制裁之權力，以及批准及建議之權力， 且對於檢察機關在會員國法所擁有之權力不生影響，而應將本規則之 違反檢送至司法機關並參與法律程序。該等權力亦應包括對資料處理 課予一暫時或終局之限制，包括禁令。會員國得具體化其他依照本規 則所定與個人資料保護有關之任務。監管機關之權力行使應依歐盟法 及會員國法所定適當之程序性保護措施於合理期限內公平、公正為之。 尤其，每個措施應具備適當性、必要性及比例性，以確保本規則之遵 循、考量個別案件之情況，並尊重任何人在對其有不利影響之任何個 別措施被實施前有請求聽審之權利，且避免對該人造成無謂之花費及 過度之不便。進入處所之調查權應依照會員國程序法之特別規定為之， 例如事先取得司法授權之要求。監管機關所為具法律拘束力之各措施 皆應以書面為之，且應明確清楚，並指出做成該措施之監管機關名稱、 日期、首長或其授權之監管機關成員之署名以及為該措施之理由，並 敘明有尋求有效救濟之權利。此不應排除依據會員國程序法所規定之 額外要求。通過一個具法律拘束力之裁決意味著其可能引起作成該裁 決之監管機關所在會員國的司法審查。
(129) In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in each Member State the same tasks and effective powers, including powers of investigation, corrective powers and sanctions, and authorisation and advisory powers, in particular in cases of complaints from natural persons, and without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings.
Such powers should also include the power to impose a temporary or definitive limitation, including a ban, on processing.
Member States may specify other tasks related to the protection of personal data under this Regulation.
The powers of supervisory authorities should be exercised in accordance with appropriate procedural safeguards set out in Union and Member State law, impartially, fairly and within a reasonable time.
In particular each measure should be appropriate, necessary and proportionate in view of ensuring compliance with this Regulation, taking into account the circumstances of each individual case, respect the right of every person to be heard before any individual measure which would affect him or her adversely is taken and avoid superfluous costs and excessive inconveniences for the persons concerned.
Investigatory powers as regards access to premises should be exercised in accordance with specific requirements in Member State procedural law, such as the requirement to obtain a prior judicial authorisation.
Each legally binding measure of the supervisory authority should be in writing, be clear and unambiguous, indicate the supervisory authority which has issued the measure, the date of issue of the measure, bear the signature of the head, or a member of the supervisory authority authorised by him or her, give the reasons for the measure, and refer to the right of an effective remedy.
This should not preclude additional requirements pursuant to Member State procedural law.
The adoption of a legally binding decision implies that it may give rise to judicial review in the Member State of the supervisory authority that adopted the decision.
The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.