Management of the crèche - Council

Opinion of 15 January 2009 on the notification of prior checking concerning the "management of the crèche of the General Secretariat of the Council and billing" case (Case 2007-441).

The processing operation concerns, firstly, the procedure for enrolment and admission, as the case may be, of children to the GSC crèche through the examination of administrative and financial data provided by the persons having legal responsibility for the child. It is also designed to monitor the child's presence at the facilities, particularly with a view to monitoring attendance, controlling access of persons dropping off children and reimbursing crèche expenses.
It follows that the processing operation in this case is intended to evaluate the personal and family circumstances of parents and their children in the light of the eligibility criteria for admission. The processing operation also concerns data relating to health.
In its recommendations, the EDPS stressed, inter alia, that the GSC should:

• remove the requirement to submit a medical form from Article II of the crèche rules and clarify Article VIII so that it is understood that there will be no medical examination until after the child has obtained a place at the crèche;
• refer in the crèche rules to the existence of a waiting list;
• ensure that the administrative arrangement with the OIB specifies that the processor can act only on instructions from the controller, and that it sets out the security measures applicable to the data to which the OIB has access.