Opinions Prior Check and Prior Consultations

Opinion of 25 November 2008 on a notification for prior checking concerning "Probationary Period Reports" (Case 2008-432)

OHIM Reporting Officers draft Probationary Period Reports and Management Capacities Assessments which aim to assess the performance of newly recruited officials and temporary/contractual agents as well as the management competences of officials appointed in management positions. The processing is carried out under the responsibility of OHIM Career and Development Sector which is part of the OHIM Human Resources Department.

The Prior Check Opinion gives recommendations to ensure full compliance with Regulation 45/2001, in particular, among others, it suggests that OHIIM (i) sets out an appropriate time-limit for the storage of the personal files; (ii) reminds all recipients of their obligation not to use the data received for any further purpose than the one for which they were transmitted and, (iii) inserts in the "Probation Period Report" data protection information in light of Article 12 of the Regulation as suggested in this Opinion.

Opinion of 25 November 2008 on a notification for prior checking on the attestation procedure (Case 2008-476)

The Economic and Social Committee is organising a selection procedure for officials authorised to follow the attestation exercise. The attestation procedure comprises three stages: publication of a call for applications; establishment of a list of applicants admitted to the attestation procedure; attestation in posts recognised as being of "Qualified Assistant" level.

The EDPS has examined the processing of personal data in the attestation procedure and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001, if certain recommendations are followed, in particular if the responsible department changes the period for which data are stored, establishes a procedure to be followed in the event of a request for access or rectification, and provides information to data subjects in accordance with Articles 11 and 12 of the Regulation.

Opinion of 19 November 2008 on the notification for prior checking from the Data Protection Officer of the European Commission in relation to the dossier on recording the line reserved for calls to the dispatch centre for technical services in European Commission buildings in Brussels (Case 2008-491)

Opinion of 19 November 2008 on the notification for prior checking on the invalidity procedure (Case 2008-555)

Article 59(4) of the Staff Regulations of Officials of the European Communities provides that "The Appointing Authority may refer to the Invalidity Committee the case of any official whose sick leave totals more than 12 months in any period of three years". Based on that Article, the European Economic and Social Committee has established a procedure to obtain a decision from the Invalidity Committee as to whether the official concerned should be granted invalidity or should resume professional activities. In fact the procedure concerns not only officials but also temporary and contract staff.

The proposed processing would not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that the EESC gives appropriate guarantees regarding long term data storage, informs recipients that they may not use the data for other purposes, revises the information provided and the arrangements for providing it, and finally clarifies the rights of access granted to data subjects.

Opinion of 18 November 2008 on the notification for prior checking regarding the "management of individual medical files - Brussels, Luxembourg" case (Case 2004-225)

The opinion of the EDPS concerns the management of medical files by the European Commission. The medical service manages numerous medical files arising from a variety of medical activities to monitor the health of staff and fulfil its obligations to staff under the Staff Regulations.

After thorough analysis in the light of Regulation (EC) No 45/2001, the EDPS has concluded that the processing proposed does not involve any breach of the provisions of Regulation (EC) No 45/2001 provided, in particular, that the Commission:

• Adopts the pre-employment medical examination form as  adopted by the Interinstitutional Medical Board;
• States on the annual medical check up form that there is no obligation to take the HIV test;
• Reviews the annual medical check-up form that records the results of the physical examination and the list of tests required in the light of the principles of adequacy and proportionality;
• Adopts as a point of good practice the principle that the results of medical examinations carried out by a doctor chosen by the data subject will be passed on to the Commission medical service only with the freely given and informed consent of the employee;
• Sets a limited period for storing data on persons who are not recruited;
• Introduces a data access procedure for persons not recruited or others (temporary staff, private employees and scholarship holders working at the Commission in Luxembourg and in the JRCs) in respect of whom medical information has been recorded and who are also entitled to access under Article 13 of Regulation (EC) No 45/2001.