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EU: European Data Protection Supervisor: Commission v. Austria: Court of Justice says Austrian data protection authority is not independent

16 October 2012

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The Court of Justice of the European Union ruled that the Austrian Data Protection Authority, the Datenschutzkommisson (DSK), does not fulfil the requirements of independence as outlined in the European Data Protection Directive. Peter Hustinx, EDPS, said:

"Once again, the Court has underlined the legal obligation of complete independence in a data protection authority, this time in Austria. This ruling supports the importance of data protection as a fundamental right and the need for impartiality in order to safeguard it effectively in national law. The court decision is also important for the review of the data protection framework which must strengthen the role of the data protection authorities."

- Press release (pdf)
- Full judgment (pdf)

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