Opinions Prior Check and Prior Consultations

Opinion of 18 February 2009 on a notification for prior checking on the procedure for early retirement without reduction of pension rights (Case 2008-748)

The European Parliament has implemented a procedure allowing officials and temporary agents who meet the eligibility conditions to file an application in order to benefit from early retirement without reduction of their pension rights.

The EDPS finds that there is a breach of Articles 11 and 12 of Regulation (EC) No 45/2001, in particular in view of the fact that no specific notice containing all the relevant data protection information is provided to the members of the staff concerned concerning the data processing that is taking place. The EDPS further makes recommendations to the European Parliament with respect to the need to also inform third parties concerned whom data are processed (e.g. in cases of requests for early retirement for family reasons) about the data processing and their right to access, correct and block their own data.

Opinion of 9 February 2009 on a notification for prior checking regarding "ART: Audit Reconciliation Tool" (Case 2008-239)

Opinion of 26 January 2009 on a notification for prior checking concerning "Threats to European Commission interests in the areas of counter-intelligence and counter-terrorism" (Case 2008-0440)
In the context of threat management in the areas of counter-espionage and counter-terrorism, the European Commission has set up the two separate procedures of security investigations and screening procedures in order to protect its interests and those of the Member States. The EDPS has examined the two procedures and issued recommendations including the following: establishment of a more detailed legal basis covering a broader scope spanning all the possibilities for launching a screening procedure and establishment of a procedure ensuring that data are stored no longer than necessary.  The EDPS also recommended revising the screening section of the privacy statement and pro-actively supplying data subjects of screening with the privacy statement.

Opinion of 21 January 2009 on a notification for prior checking concerning the report on probation period (Case 2008-604)

The European Parliament has implemented a data processing to evaluate newly recruited officials, temporary and contract agents during the initial period of their employment, which serves as a basis for the confirmation, dismissal or possible extension of the probation period of that person.

Amongst its recommendations, the EDPS in particular asked that the European Parliament ensures that no sensitive data relating to health is processed, that recipients of the data are reminded to use the data only for the purpose for which they were transmitted, and that data subjects are informed about the data retention periods and their rights of access and rectification which can be done by adding the necessary information in the Vade-mecum to newcomers and in the probation report form.

Opinion of 21 January 2009 on a notification for prior checking on the assessment of staff's capacity to work in a third language before first promotion (Case 2008-690)

The European Parliament has implemented a data processing to evaluate the capacity of officials and contractual agents in function group IV to work in a third language. Officials must demonstrate the capacity to work in a third language to be eligible for a first promotion, and contractual agents must prove their ability to work in a third language before the renewal of their contract for an indefinite period.

The EDPS recommends that appropriate data retention periods are defined for the conservation of these assessments, that a procedure is implemented ensuring the exercise by individuals of their right to access and rectify their assessment (in particular access and rectification to the tests organized by EPSO), that specific information concerning the processing of individuals' data for the purpose of the assessment of the capacity to work in a third language is provided to the persons concerned. The EDPS also outlines that the staff processing personal data should be reminded of their duty of confidentiality towards such data.