Attestation procedure - OHIM

Opinion of 16 December 2013 on a notification for prior-checking regarding OHIM's attestation procedure (ex-C and ex-D categories) (Case 2013-0797)

The mini-prior-check Opinion in case 2013-0797 covers the processing operations related to the OHIM's attestation procedure (ex-C and ex-D categories). As the EDPS issued Guidelines on the evaluation of statutory staff in the context of annual appraisal, probation, promotion or regarding certification and attestation (henceforth: "Guidelines"), the EDPS only addresses the existing data conservation policy which does not seem to be in conformity with the principles of the Regulation and with the Guidelines issued by the EDPS in July 2011. Article 4(1)(e) of the Regulation states that personal data can be kept in a form permitting identification of data subjects for no longer than necessary for the purpose for which they were collected or further processed.

The EDPS observes that conservation of attestation files of unsuccessful applicants for up to five years after the particular exercise can be considered as necessary for the related appeals. At the same time, there seem to be no sufficient evidence as to the necessity of storage of the actual attestation decisions beyond the end of the career at the OHIM. Therefore, the OHIM is invited to reconsider the existing time limit and to provide for precise justifications that will be taken into account in the on-going discussions with the relevant stakeholders.