Quality Management System and ex-post quality checks - OHIM

Opinion of 9 June 2011 on the notification for prior regarding Quality Management System and ex-post quality checks for Harmonization at the Office for Harmonization for the Internal Market ("OHIM") (Case 2010-0869)

Since 2007, OHIM has been conducting ex ante and ex post quality checks of decisions produced by OHIM's trademark examiners for quality control purposes. In September 2009, OHIM informed relevant staff that the results of ex post quality checks ("EPQC") would also be used for purpose of their annual performance appraisal. As a result, the EPQC system was notified to the EDPS for prior checking. Given the change of purpose of the processing, the EDPS recommended that OHIM adopts an internal decision setting forth appropriate data protection guarantees and that it is ensured that EPQC data are not the sole basis for the annual performance appraisals. The EDPS furthermore recommended that measures are implemented (i) to ensure the accuracy of the data, (ii) to inform data subjects about the processing, and (iii) to ensure that data subjects are granted all their rights under Regulation (EC) No 45/2001.