Skip to content

The role of independent supervision in upholding privacy in the age of surveillance

This independence is even more important in an age where surveillance of individuals takes place on a mass scale, also benefiting from the potential in big data use.

Published:
European Union Agency for Fundamental Rights,Vienna.
European Union Agency for Fundamental Rights,Vienna.

European Union Agency for Fundamental Rights,Vienna. Wikicommons/GuentherZ. Some rigths reservedIn EU data protection law, an essential part of the enforcement is assigned to the Data Protection Authorities (DPAs) of the EU Member States.

These DPAs are independent public authorities with a variety of roles. They have strictly supervisory tasks and are – or should be ­– empowered with investigative and enforcement powers, yet they also have an advisory role in the public debates on privacy and data protection.

Their role is embedded in EU primary law, particularly in Article 16(2) of the Treaty on the Functioning of the European Union and in Article 8 (3) of the EU Charter for fundamental rights. The embedding of their role in primary law gives them constitutional status under EU law. This is a status that does not exist in other areas of EU law.