Abstract

The article attempts to answer the question whether harmonisation of European personal data protection law at the level of substantive law, without harmonisation of procedural provisions and without setting up a joint European supervisory authority, does affect the effectiveness of personal data protection law application in individual countries. To this end, the author analyses the problem of effectiveness and efficiency of operation of individual national supervisory authorities with reference to such indicators as their budget, duration of proceedings or staff resources. Then, the author evaluates the effectiveness of solutions aimed at ensuring consistency of decisions of supervisory authorities, which after all use the same provisions the GDPR. Furthermore, the problem of factual independence of supervisory authorities in individual countries is analysed. The author argues that in the current situation effectiveness of individual supervisory authorities differs, they fail to apply personal data regulations consistently, and also some of them are accused of being influenced by politics. Hence the author postulates to consider a more far-reaching harmonisation of law, in particular by establishing a European supervisory authority.