Opinions Prior Check and Prior Consultations

Opinion of 19 June 2008 on the notification for prior checking regarding EMEA's "Access" recruitment database and selection and recruitment procedures (Case 2007-422)

This opinion concerns the selection and recruitment organized at the EMEA. The recommendations of the EDPS include the following:

Regarding proportionality, the questions relating to past convictions should be limited in time to those which actually appear on the applicant's criminal record at the time of applying for the position. As for optional data entries, EMEA should more clearly indicate on the application form the provision of what information is optional. Concerning psychometric testing, should EMEA continue to use psychometric testing as part of its selection procedures, it should submit this aspect of the recruitment procedure for prior checking by the EDPS. As regards the conservation of the data, EMEA should reconsider the conservation periods to ensure that data are kept no longer than necessary for the purposes initially contemplated. In particular, when data are conserved for budgetary discharge, control and audit purposes, personal data contained in supporting documents shall be deleted where possible when those data are not necessary for these purposes. Special attention should be paid to highly sensitive data such as information regarding disability and criminal records. As for rights of access, EMEA should revise its procedures to ensure that no access request is turned down merely because it is not submitted on the form specified. Further, EMEA should reconsider the restrictions it has put in place in order to preserve the confidentiality of the deliberations of the selection panel in view of reconciling this interest with the candidates’ right of access. Regarding information to data subjects, specific notice should be provided with respect to all items under Article 11 and 12 of the Regulation in a specific and clear manner, in addition to the availability of EMEA's general “Data Protection Declaration”.

Opinion of 16 June 2008 on the notification for prior checking on the annual exercise for early retirement without reduction of pension rights (Case 2008-154)

Opinion of 13 June 2008 on the notification for prior checking regarding the Skills database (Case 2008-192)
This database contains career data on staff covering professional experience in and before joining the EP. The skills database constitutes an electronic processing operation that facilitates Human Resources management in mobility, careers advice, specialised staff search, filling vacant posts and planning competitions.

Some of the information contained in the database is entered by the data subject him or herself, some other elements are derived from other databases maintained by DG Personnel, such as STREAMLINE (Management of the recruitment, career, training, individual entitlements and reimbursement of expenses - e.g. missions - of staff), RAPNOT (Evaluation), and FORPRO (European Parliament training management, the data extracted from it comprising the list of training courses completed).

Opinion of 9 June 2008 on a notification for prior checking regarding the selection and management of interim staff at JRC (Case 2008-139)
Management Support Units of each of the Institutes/Directorates of the JRC that use interims collect and further process information about potential candidates to interim positions for the purposes of selecting the most suitable candidates. The EDPS Opinion suggests that JRC, among others should, (a) replace the collection of certificates of good conduct by other tools that demonstrate the prior criminal behaviour (criminal records, for example) (b) ensure that applicants have access to their evaluation data including the assessment notes concerning them drafted by the selection committee and Human Resources staff of the relevant Management Units.

Opinion of 4 June 2008 on the notification for prior checking regarding pre-employment and annual medical check-ups (Case 2007-176)

This opinion concerns the pre-employment and annual medical check-ups organized at the CPVO. The recommendations of the EDPS include the following:

Regarding data quality, the scope of data collected on the medical overview form and the information included on the certificate of fitness should be revised to comply with the principles of relevance and proportionality.  As to the conservation of the data, a reasonable, definite time frame must be established by the CPVO for the conservation of each category of employee and candidate medical data held by the CPVO. On information to data subjects, clear and specific information needs to be provided to data subjects regarding all items listed under Articles 11 and 12 of the Regulation. With respect to the pre-employment medical check-up, the EDPS also recommends the additional information on anti-discrimination referred to in point 3.8.4 of the Opinion. Finally, with regard to processing data on behalf of controllers, the service contracts concluded with the CPVO Physician and the CPVO Medical Centre should be modified to address data protection aspects pursuant to Article 23 of the Regulation. Instructions should be provided to the processors to comply with the minimum data protection safeguards recommended in this Opinion.