Evaluation procedures - EMEA

Opinion of 18 December 2009 on the performance evaluation procedures of the European Medicines Agency (Case 2007-421)

The prior checking procedure covers the data protection aspects of the performance evaluation of EMEA's temporary staff.

• The EDPS recommended that EMEA should reconsider the retention period for the evaluation reports. The EDPS concluded that a storage period which extends to and even goes beyond the entire carrier of the staff member is clearly disproportionate. (In similar cases, the EDPS accepted five years as proportionate but considered ten years disproportionate. Shorter retention periods were recommended when the contract of a temporary agent was concluded for a shorter period.) 
• In addition, with respect to the "working notes" which may be taken during the meeting by the reporting officer, the EDPS considered that these are taken by the reporting officer in his official capacity, and therefore, fall under the applicability of the Regulation. It is not unlawful to take notes during the evaluation process. However, it is particularly important that these "personal notes" do not fall into a grey zone without adequate data protection safeguards and that any personal notes taken by the reporting officer (and the assessor) during the interviews should be destroyed after drawing up the evaluation report.
• Further recommendations were made to improve the way notice is provided to data subjects.