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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22/03/2017
22
Mar
2017

Staff appraisal - EUIPO

Prior check opinion on an update of EUIPO's procedures for staff appraisal (update of cases 2004-0293 and 2008-0415)

08/03/2017
8
Mar
2017

Social-Biking: a field study on physical activity and social networks - JRC

Prior-checking notification regarding “Social-Biking: a field study on physical activity and social networks” at Joint Research Centre (JRC) (Case 2017-0080)

15/02/2017
15
Feb
2017

Ex-ante product quality audits - EUIPO

Prior checking Opinion concerning ex-ante product quality audits (Case 2016-0477)

13/02/2017
13
Feb
2017

Administrative situation of Accredited Parliamentary Assistants - EP

Prior checking Opinion concerning controls of administrative situation of Accredited Parliamentary Assistants (Confluence) (Case 2016-1060)

09/02/2017
9
Feb
2017

Selection of interim - BEREC

Prior checking Opinion of 9 February 2017 concerning the selection of interim workers (Case 2015-1088)

09/02/2017
9
Feb
2017

Selection of Director and Deputy - EIB

Prior checking Opinion of 9 February 2017 concerning selection of the Managing Director and the Deputy Managing Director for the European Fund for Strategic Investments (Case 2015-0801)

07/02/2017
7
Feb
2017

Whistleblowing Policy - EBA

Prior-check Opinion of 7 February 2017 on Whistleblowing Policy of the European Banking Authority (EBA) (Case 2016-1173)

30/01/2017
30
Jan
2017

Administrative inquiries and disciplinary proceedings - EMCDDA

EDPS prior-check opinion of 30 January 2017 on administrative inquiries and disciplinary proceedings at European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (Case 2016-0989)

26/01/2017
26
Jan
2017

Development programme for SG middle managers

Opinion on a notification for prior checking regarding the "SG - Development programme for SG middle managers, use of self-perception questionnaire ("PERFORMANSE") and 360° tool of feedback on leadership competencies" (Case 2013-1290)

20/01/2017
20
Jan
2017

360° Programme for managers - ECHA

Prior-checking opinion regarding 360° programme for managers at the European Chemicals Agency (Case 2016-0002)

17/01/2017
17
Jan
2017

"Public hearings" - EMA

Prior checking opinion on the use of the "Public hearings" tool at EMA in compliance with the Regulation (case 2016-0953)

17/01/2017
17
Jan
2017

Geographic Information System - ECDC

Prior-checking opinion regarding test run of the Geographic Information System tool at ECDC (2016-0759)

11/01/2017
11
Jan
2017

Whistleblowing Policy - ESMA

Prior-check Opinion on ESMA’s Whistleblowing Policy (Case 2016-1042)

05/01/2017
5
Jan
2017

360° feedback exercise - FRA

Prior-checking Opinion regarding 360° feedback exercise at the European Agency of Fundamental Rights (Case 2016-1007)

19/12/2016
19
Dec
2016

Administrative inquiries and disciplinary proceedings - EMSA

Prior checking Opinion on "administrative inquiries and disciplinary proceedings" at EMSA (Case 2014-0287)

14/12/2016
14
Dec
2016

Grant management - EC

Prior-checking Opinion regarding grant management in the context of Horizon 2020 at DG RTD (Case 2016-0951)

14/12/2016
14
Dec
2016

Administrative inquiries and disciplinary proceedings - EIF

Prior-check Opinion on administrative inquiries and disciplinary proceedings at EIF (Case 2015-1103)

09/12/2016
9
Dec
2016

Selection, Recruitment and Administrative Management for SNEs - EEAS

Prior check Opinion on Selection, Recruitment and Administrative Management for Seconded National Experts in EEAS Headquarters and EU Delegations (Case 2016-0769)

09/12/2016
9
Dec
2016

Selection, recruitment and administrative management - EEAS

Prior check opinion on Selection, Recruitment and Administrative Management for Seconded National Experts in EEAS Headquarters and EU Delegations (Case 2016-0769)

07/12/2016
7
Dec
2016

Import, Export and Transit Directory - OLAF

Prior Checking Opinion on the Import, Export and Transit Directory (IET) (Case 2016-0674 and 2013-1296)

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