Status Not cited by any decision here yet
Judgment
Full text
That principle, which is enshrined not only in the German constitution, but also in Article 6(1) EU, requires that the administration be subject to the instructions of the government which is accountable to its parliament. Thus, the legality of interventions concerning the rights of citizens and undertakings should be subject to the scrutiny of the competent minister. Since the supervisory authorities responsible for the protection of individuals with regard to the processing of personal data have certain powers of intervention with regard to citizens and entities outside the public sector under Article 28(3) of Directive 95/46, a heightened scrutiny of the legality of their activities by means of instruments for monitoring legality or substance is absolutely necessary.