Invalidity procedure - EESC

Opinion of 19 November 2008 on the notification for prior checking on the invalidity procedure (Case 2008-555)

Article 59(4) of the Staff Regulations of Officials of the European Communities provides that "The Appointing Authority may refer to the Invalidity Committee the case of any official whose sick leave totals more than 12 months in any period of three years". Based on that Article, the European Economic and Social Committee has established a procedure to obtain a decision from the Invalidity Committee as to whether the official concerned should be granted invalidity or should resume professional activities. In fact the procedure concerns not only officials but also temporary and contract staff.

The proposed processing would not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that the EESC gives appropriate guarantees regarding long term data storage, informs recipients that they may not use the data for other purposes, revises the information provided and the arrangements for providing it, and finally clarifies the rights of access granted to data subjects.