European Data Protection Supervisor
European Data Protection Supervisor

Opinions Prior Check

Opinions Prior Check

Some of the procedures that EU institutions put in place pose risks to the data protection rights and freedoms of individuals.

EU institutions are obliged by the Regulation to notify us before putting in place these risky procedures or data processing operations. They are not required to notify us each time the processing takes place.

Article 27(1) of Regulation (EC) No 45/2001 outlines the types of processing that should be notified to us:

  • The processing of certain special categories of data such as health data in pre-recruitment medical exams;
  • The processing intended to evaluate persons such as in staff appraisals, recruitment and selection of staff or contractors under procurement procedures or external experts;
  • Processing which excludes persons from a right, benefit or contract such as blacklisting for project funding;
  • When data is collected for one purpose and potentially used for another without any legal justification (legal basis) for doing so such as linking databases that serve different purposes.

Where an EU institution is unsure whether to notify us, their data protection officer can consult us for advice to confirm.
Once we have received a notification, we issue recommendations as required, to help the EU institutions make the procedure comply with the data protection rules. Our follow up work includes verifying that our recommendations have been implemented by the institution.

In general, our prior checking Opinions are public, but we may delete sensitive elements where necessary, relating to security for example.

On average we receive around 130 such notifications per year.

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30/11/2018
30
Nov
2018

Recruitment of Local Agents in EU Delegations by the European External Action Service (EEAS)

Prior check Opinion on Recruitment of Local Agents in EU Delegations by the European External Action Service (EEAS)

12/11/2018
12
Nov
2018

Selection, Recruitment and Administrative Management for international staff

Prior check Opinion on Selection, Recruitment and Administrative Management for international staff in CSDP Missions by the EEAS Civilian Planning and Conduct Capability (CPCC)

16/10/2018
16
Oct
2018

Selection procedure for the position of Members of the Advisory Forum of the ECDC

EDPS prior-check Opinion on the "Selection procedure for the position of Members of the Advisory Forum of the ECDC” at DG SANTE, Commission (case 2018-0039)

26/09/2018
26
Sep
2018

Updated notifications for staff appraisal and reclassification at CdT

Prior-checking Opinion regarding the updated notifications for staff appraisal and reclassification at CdT (EDPS cases 2016-0011 and 2016-0292)

25/09/2018
25
Sep
2018

The management of experts in the Participant Portal in a number of Executive Agencies

Joint Prior-checking Opinion regarding the management of experts in the Participant Portal (under H2020 IT tools) in a number of Executive Agencies and Joint Undertakings - EDPS cases: C-2017-1073 BBI, C-2017-1063 EACEA, C-2017-1085 REA, C- 2017-1075 SESAR, C-2017-1038 INEA, C- 2017-1053 CHAFEA and C-2017-0976 EASME.

19/09/2018
19
Sep
2018

Selection of confidential counsellors and informal procedures for cases of harassment

Prior-checking Opinion regarding the selection of confidential counsellors and informal procedures for cases of harassment at EIF (EDPS cases 2017-1042 and 2017-1043)

 

18/09/2018
18
Sep
2018

Security clearance procedure - ESA

Prior Checking Opinion on security clearance procedure at the EFTA Surveillance Authority (Case 2017-1004)

Topics:
18/09/2018
18
Sep
2018

"HR Administrative, B, H and V, Disciplinary and Grievance investigations" at EFTA Surveillance Authority

EDPS prior-check Opinion on "HR Administrative, B, H and V, Disciplinary and Grievance investigations" at EFTA Surveillance Authority (case 2017-1142)

18/09/2018
18
Sep
2018

Reasonable accomodation for persons with disabilities

EDPS prior-check Opinion on "Reasonable Accommodation for persons with disabilities” at the Council of the European Union (case 2018-0592)

31/07/2018
31
Jul
2018

Selection and management of experts outside the Participant Portal (COSME programme and EMFF) – EASME

Joint Prior-checking Opinion regarding the selection and management of experts outside the Participant Portal (COSME programme and EMFF) - EDPS cases 2017-1036 and 2017-1040

31/07/2018
31
Jul
2018

Grants management outside the Participant Portal (COSME programme and EMFF) – EASME

Joint Prior-checking Opinion regarding the grants management outside the Participant Portal (COSME programme and EMFF) - EDPS cases 2017-1035 and 2017-1039

24/07/2018
24
Jul
2018

Administrative inquiries and disciplinary proceedings - EBA

Prior-check Opinion on "administrative inquiries and disciplinary proceedings" at EBA (EDPS Case 2017-1083)

19/07/2018
19
Jul
2018

Procedure for the renewal of contracts - EBA

Prior-checking Opinion on the procedure for the renewal of temporary and contract agents’ contracts at EBA (EDPS case 2017-1082)

12/07/2018
12
Jul
2018

Administrative Inquiry Procedures - EIB

Prior-check Opinion on "Administrative Inquiry Procedures” at EIB (EDPS Case 2017-1071)

10/07/2018
10
Jul
2018

Updated notifications for staff appraisal and reclassification - EACEA

Prior-checking Opinion regarding the updated notifications for staff appraisal and reclassification at EACEA (EDPS case 2017-1061 and 2017-1062)

03/07/2018
3
Jul
2018

Reimbursement of medical expenses of Local Agents in EU Delegations – EEAS

Prior-checking Opinion regarding the reimbursement of medical expenses under the Complimentary Sickness Insurance Scheme for Local Agents in EU Delegations (EDPS case 2017-0986)

06/06/2018
6
Jun
2018

Recruitment Procedures - EMSA

Prior-check Opinion on the recruitment procedures at EMSA (Case 2015-0439)

31/05/2018
31
May
2018

Contract renewal procedure at EIOPA

Opinion on the contract renewal procedure at EIOPA (EDPS Case 2017-0769)

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