Empirical analysis of correlations between work system variables and decision-making - OHIM
Opinion of 22 November 2010 on "Empirical analysis of correlations between work system variables and decision-making" notified by the Office for Harmonization in the Internal Market ("OHIM") on 22 July 2010 (case 2010-0468)
This prior checking covers the data protection aspects of an exercise undertaken by OHIM entitled "Empirical analysis of correlations between work system variables and decision-making". It was explained to the EDPS that the analysis could help identify comparable job profiles, and develop best practice of HR management for these profiles. In addition to bringing practical benefits to OHIM as an organization, the project also serves additional scientific purposes, as the analyst carrying out the research plans to publish his findings (after careful editing to protect the privacy of the participants in the exercise) in a PhD thesis.
The EDPS provided a number of recommendations, including on data retention, transfers to third parties and information to data subjects.
As for retention, the EDPS recommended that all personal data from OHIM's servers should be deleted by the end of the conservation period which was foreseen for the end of 2011. As for data retention by he analyst, further efforts may be necessary under national law to ensure that the microdata retained for a longer period of time for potential future research purposes should be limited to what is strictly necessary for such purposes.
As for transfers to third parties, considering deletion of all data from OHIM servers by the end of 2011 and the fact that OHIM has no plans to further transfer the data, this issue is limited to potential transfers of any microdata by the analyst for research purposes. In this respect the EDPS calls the attention of the analyst to assess, under applicable law, what safeguards should be in place to ensure that the data disclosed remains confidential and will only be used for genuine research purposes.
Regarding information to data subjects, the EDPS recommended that additional information should be provided on some remaining items to the participants.