Opinions Prior Check and Prior Consultations

Opinion of 25 November 2008 on the notification for prior checking on the supplementary aid for the disabled (Case 2008-388)

The processing called "Supplementary aid for the disabled", managed by the Welfare Unit, concerns the covering of non-medical expenses of a disabled person, with the individual making a contribution. After exhausting the possibilities of national and statutory aid, and under conditions established by the 2004 guidelines, the data subject can request aid, and data are then collected for the payment/reimbursement of an invoice and for the establishment of the level of the individual's contribution.

Data on health are processed, because additional financial aid for disabled persons can only be granted on the basis of medical reports and invoices concerning the processing necessary for the disability. Furthermore, supporting documents on occupational income, retirement pensions, family allowances and other information given to the welfare officer etc. are provided, so a number of aspects of the data subject's individual situation are assessed, namely financial, family, occupational and social circumstances. This processing operation therefore falls within the scope of the prior checking procedure based on Article 27(2)(a) and (b) of the Regulation.

In its recommendations, the EDPS emphasised inter alia that the GSC conveys to the welfare officer taking notes during discussions and to the welfare unit team responsible for the dossiers the obligation to comply with the principle set out in Article 4(1)(c) of the Regulation. The EDPS also recommended that as a general rule, the right of access and of rectification should be granted to the data subject as regards the personal notes of the welfare officer, in the light of the proportionality principle, other than in legitimate exceptional cases. It was also recommended that an order be drafted with the medical experts in the light of Article 23 of the Regulation.

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.