Analytical accounting and performance reports - OHIM

Opinion of 2 March 2011 on a notification for Prior Checking regarding "Analytical accounting and performance reports" (Case 2009-0771)

OHIM introduced in October 2009 a tool to measure the productivity of staff, which also serves as a basis for performance appraisals: the Analytical and Accounting Performance Report. In his prior checking opinion, after having underlined that the processing should have been notified to him prior to the start of the processing operations, the EDPS particularly insisted that OHIM adopts a legal basis for the processing. The EDPS further emphasized that OHIM should refrain from using AA&P reports as the sole tool supporting the annual evaluation of staff members. The EDPS reminded OHIM that adequate guarantees should be implemented to ensure the effective exercise by staff of their rights to access and rectify data concerning them. In particular, the EDPS recommended that a specific procedure is set forth as concerns the rights of data subjects to contest and correct the accuracy of data generated automatically.