1. The Board shall act independently when performing its tasks or exercising its powers pursuant to Articles 70 and 71.
2. Without prejudice to requests by the Commission referred to in point (b) of Article 70(1) and in Article 70(2), the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from anybody.
Article 69 establishes the European Data Protection Board's independence, mirroring the independence requirements for supervisory authorities in Article 52. Just as national authorities must act free from government or corporate influence, the Board must act independently in its coordination and decision-making role.
The Board's independence is crucial because it issues binding decisions (Article 65), guidelines affecting all Member States (Article 70), and opinions on matters like adequacy decisions and international transfers. If the Board were subject to political influence—from the Commission, Council, Parliament, or powerful Member States—its decisions could reflect political considerations rather than objective data protection analysis.
Paragraph 2's prohibition on seeking or taking instructions is absolute: the Board cannot receive directives from the European Commission, Council of Ministers, European Parliament, Member State governments, companies, industry groups, or any other entity. This protects the Board's technical expertise and legal judgment from political or economic pressure.
The exception in paragraph 2 for Commission requests under Article 70(1)(b) and 70(2) is narrow: the Commission can request the Board's advice on data protection matters, including policy proposals. The Commission can ask questions but cannot instruct the Board on how to answer them. The Board provides independent technical expertise informing policy development while maintaining decision-making autonomy.
Independence doesn't mean isolation. The Board must consult stakeholders (Article 70(4)), cooperate with authorities worldwide (Article 70(1)(w)), and consider Commission perspectives (Article 68(5)). But consultation and information-gathering differ from taking instructions—the Board hears diverse views but decides independently.
The Board's independence, combined with its binding decision-making power, makes it a quasi-judicial body. Like courts, the Board applies legal standards (GDPR provisions) to specific cases independently. While not formally a court (its decisions are subject to judicial review by EU courts), its independence ensures objective, principled decision-making rather than political compromises.
Practically, independence requires adequate resources (staff, budget, expertise), security of tenure for Board members (they're heads of independent authorities), and transparent decision-making processes. The Board publishes opinions, guidelines, and decisions, allowing public scrutiny that reinforces accountability without compromising independence.