Brussels, 05/11/ 2010 (Agence Europe) - On 28 October, Austria was referred to the Court of Justice for its lack of an independent data protection authority. The Commission decided that provisions setting up the Austrian data protection authority (Datenschutzgesetz 2000) do not conform to EU rules, which require member states to establish a completely independent supervisory body to monitor the application of the 1995 Data Protection Directive (Directive 95/46/EC). The Commission takes the view the Austrian authority remains under the supervision of the Federal Chancellery. In a reasoned opinion sent in 2009, the Commission asked Austria to revise the way the authority is organised. However, as the Austrian authorities failed to comply with the reasoned opinion, the Commission has decided to refer the matter to the Court of Justice. (B.C./transl.rt)