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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26/01/2018
26
Jan
2018

First-aid intervention registers - Council

Prior checking opinion on the Council first-aid intervention registers (Case 2017-0969)

17/01/2018
17
Jan
2018

Administrative inquiries and disciplinary proceedings - EIT

Prior-check Opinion on "administrative inquiries and disciplinary proceedings" at European Institute of Technology & Innovation (EIT) (Case 2016-1165)

15/12/2017
15
Dec
2017

EU High Level Advisers programme in Moldova – EEAS / EC

The EU High Level Advisers programme in Moldova aims to draw on the experience of expert senior officials in EU Member States to help Moldova meet its commitments related to agreements with the EU. The programme is run by the Commission and the EU Delegation in Moldova. A service provider helps to implement the programme in Moldova. The candidate High Level Advisers are selected by the Commission and the Delegation and after the endorsement by Moldovan authorities are recruited by the service provider. In consultation with the Moldovan authorities, the service provider annually evaluates the High Level Advisers on their performance. Following this, the Delegation decides whether to extend the High Level Advisers' contracts. All this entails the processing of personal data by the Commission, the Delegation, the service provider and Moldovan authorities.
The Commission and the Delegation are the co-controllers for the processing of personal data in the High Level Advisers programme and need to clearly define their respective obligations. They should also set up a framework for exchanging the personal data of candidate and recruited High Level Advisers with the Moldovan authorities. The Delegation needs to clarify their respective data protection obligations with the service provider. The candidate and recruited High Level Advisers need to be properly informed about how their personal data is processed in the EU High Level Advisers programme in Moldova.

14/12/2017
14
Dec
2017

Activities of the medical service of the EEAS - EEAS

Prior-checking Opinion regarding the activities of the EEAS’ medical service (EDPS case 2016-0780)

14/12/2017
14
Dec
2017

Selection and recruitment of temporary agents, contract agents and seconded national experts - EIOPA

Notification on the selection and recruitment of temporary agents, contract agents and seconded national experts at EIOPA (case 2013-0541)

14/12/2017
14
Dec
2017

Procedure for identifying, dealing with and remedying cases of professional incompetence - EDPS

Ex-post Prior Checking Opinion on the procedure for identifying, dealing with and remedying cases of professional incompetence (Case 2017-0489)

06/12/2017
6
Dec
2017

Feedback event 2017 - EUIPO

Prior-checking Opinion regarding the Feedback Event at the European Union Intellectual Property Office (EUIPO) covering peer feedback for staff members and a 360° evaluation exercise for managers (case 2017-0136).


The peer feedback enables staff members to perform a self- assessment and provide and receive feedback about and from their peers, while the 360° feedback allows for managers receiving feedback from their peers and from direct report and line managers about their leadership skills. Individual and group feedback reports are both developed to provide an organizational overview of the results obtained through the peer and the 360º feedback exercises.
The EDPS recommended to revise the privacy statement clarifying that participants can decide to opt-out at any time  and to define the purpose of the group reports and the categories of data covered.

 

01/12/2017
1
Dec
2017

Appointment procedure - EUIPO

Prior-check Opinion on the European Parliament’s participation in the appointment procedure of the Executive Director, the Deputy Executive Director(s), the President of the Boards of Appeal, and the Chairpersons of the Boards of the European Union Intellectual Property Office (Case 2017-0345)

29/11/2017
29
Nov
2017

Whistleblowing Policy - EIB

Prior-check Opinion on the Whistleblowing Policy of the European Investment Bank (Case 2016-0381)

20/11/2017
20
Nov
2017

Appointment and engagement procedures - CdT

Prior-checking Opinion regarding the updated notification for appointment and engagement procedures at the Translation Centre for the bodies of the European Union (EDPS case 2016-0377)

16/11/2017
16
Nov
2017

Selection of confidential counsellors - EIB

Prior-checking Opinion regarding the selection of confidential counsellors at the European Investment Bank (case 2017-0136)

15/11/2017
15
Nov
2017

Declaration of accidents at work for local agents working in EU Delegations - EEAS

Prior check Opinion on Complimentary Sickness Insurance for Local Agents in EU Delegations - Declaration of accidents at work at the European External Action Service (Case 2016-0775)

06/11/2017
6
Nov
2017

Clinical Patient Management System - EC

Prior Checking Opinion on the Clinical Patient Management System (CPMS)
of the European Commission (Case 2017-0804)

27/10/2017
27
Oct
2017

Procedure for appointing members of the Management Committee - EIB

Prior Checking Opinion regarding procedure for appointing members of the Management Committee of the European Investment Bank (Case 2017-0411)

20/10/2017
20
Oct
2017

Processing of medical data - CoR

Prior checking Opinion on the processing of medical data by the Medical/Social Service of the Committee of the Regions of the European Union (Case 2017-0185)

19/10/2017
19
Oct
2017

Promotion procedure - CEDEFOP

Prior-checking Opinion regarding the updated notification for the promotion procedure at CEDEFOP (EDPS case 2017-0171)

13/10/2017
13
Oct
2017

Video-surveillance system - EESC and CoR

Prior-checking Opinion regarding the video-surveillance system of the European Economic Social Committee and the Committee of the Regions (Case 2017-0662)

06/10/2017
6
Oct
2017

Renewal of temporary and contract agent's contracts - EUIPO

Opinion on the procedure for renewal of temporary and contract agent´s contracts at the European Union Intellectual Property Office (case 2017-0256)

04/10/2017
4
Oct
2017

Early detection and exclusion system database - EC

Prior check opinion regarding early detection and exclusion system database at the European Commission (Case 2016-0864)

21/09/2017
21
Sep
2017

Recruitment for the selection of staff - CEPOL

Prior-checking Opinion regarding recruitment for the selection of staff at European Union Agency for Law Enforcement Training (CEPOL) (Case 2017-0187)

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