Administrative enquiries and disciplinary procedures - EMA
Opinion of 21 April 2010 on a notification for prior checking on the processing of personal data in administrative enquiries and disciplinary procedures (Case 2010-0047)
On 22 January 2010, the EDPS received notification for prior checking relating to the processing of personal data in the frame of administrative enquiries and disciplinary procedures from the European Medicines Agency (EMA).
The processing of personal data resulted from the implementation at EMA of Article 86 of the Staff Regulations of officials of the European Communities and Annex IX to the Staff Regulations. The procedures apply to agents and former agents, servants and former servants, other persons working to for the EMA such as persons employed under private law contracts, experts on secondment, trainees or other relevant persons. EMA is currently adopting implementing rules on the conduct of administrative inquiries and disciplinary procedures.
The EDPS found that there was no reason to believe that there was a breach of the provisions of Regulation 45/2001 provided that EMA respect the certain recommendations and notably that EMA staff in charge of the files are made aware of the restrictive rules which apply to the processing of special categories of data of the specific rules which apply to the processing of such data and that a procedure be clearly established for the conduct of any interference on communications of staff members (access to online consultations, access to email accounts...) taking into account of the new EU legal framework concerning the new right to data protection and the reinforced protection of fundamental rights. Recommendations were also made on the periods of conservation of data both in personal files and in the disciplinary files. The EDPS also stated that EMA should guarantee the confidentiality of the identity of whistleblowers in the frame of administrative inquiries and disciplinary proceedings in as much as this would not contravene national rules regulating judicial procedures.