Abstract
Abstract This chapter reviews the qualification in Article 42(1) LED that the supervisory authority is to act with complete independence, which follows the rationale in the Commission v Germany case on the independence of a supervisory authority. The additional role of the supervisory authority under Article 17 LED necessitates the precondition of complete independence under Article 42 LED. It considers the requirement of Article 42 LED as a continuation of the already existing rationale imposed on the Member States to set up independent supervisory authorities for monitoring personal data processing. Article 42 LED specifically speaks to the independent nature of a supervisory authority. The chapter details how Article 42 LED sets out the requirements and conditions for ensuring the independence of supervisory authorities in the Law Enforcement Directive (LED).
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