13
Feb
2008
Administrative enquiries and disciplinary proceedings - CEDEFOP
Opinion of 13 February 2008 on a notification for prior checking on the data processing carried out in the framework of administrative enquiries and disciplinary proceedings (Case 2007-582)
CEDEFOP processes personal data in order to ascertain failure by an official to comply with the obligations under the Staff Regulations and, if appropriate, impose disciplinary sanctions. The actions taken towards collecting information to investigate whether an official has failed to comply with his/her obligations are referred to as "administrative inquiry". The EDPS recommendations to be implemented by CEDEFOP include, inter alia,
- Complement the legal measures set forth in the Staff Regulations with more detailed rules.
- Ensure that before investigators start an administrative enquiry, they are given instructions quoting Article 4(1)(c) of Regulation (EC) No 45/2001 with a view to encouraging greater caution with respect to collecting evidence or data in an investigation file.
- Motivate denials of deletion of information contained in the personal file;
- Consider setting up a maximum data retention period of 20 years for disciplinary related information contained in the personal file;
- Work with the EDPS to formulate an information notice in accordance with Article 11 of Regulation (EC) No 45/2001;
- Ensure the implementation of security measures as far as disciplinary files are concerned.