EAS Emotional Intelligence 360 degree assessment - Commission

Opinion of 30 October 2009 on a notification for prior checking concerning "EAS (European Administrative School) - Emotional Intelligence 360 degree assessment" (Case 2009-100)

The purpose of the processing is to allow participants in the European Administrative School (EAS) training courses to obtain feedback, in the form of a report, to help them enhance their competences in the areas of self-management, relationship management and communication.  The exercise is conducted with the use of a web-based tool: the "Emotional IntelligenceView 360". The report is generated automatically in response to the answers completed by the participants and his/her colleagues (see below) and does not reveal the way in which the colleagues completed the answers.

It has to be noted that even though the EAS has no access to the data processed by the contractor (data used for performing the Emotional Intelligence View 360), the contractor has to act according to the instructions given by the EAS. The EAS is the data controller of this processing activity because it determines the purposes (as specified under point 2 above) and the means (the use of the web-based tool) - Article 2 (d) of the Regulation. The contractor is therefore not authorised to make any further processing activity beyond what is determined by the EAS and specified in the contract.

The EDPS recommended the EAS, among other issues, to:

• explore the possibilities for making the use of this web-tool an anonymous exercise. In this regard, variables such as IT development, procedures and cost will have to be taken into account; 
• include a clause in the contract with the processor specifying that the applicable law for the obligation of confidentiality and security of the processing carried out by the processor is the law of the Member State where the processor is established, in this case, the UK.