Remedial procedure for incompetence - Parliament

Opinion of 10 April 2007 on a notification for prior checking on remedial procedure for incompetence (Case 2006-572)
The remedial incompetence procedure aims at bringing the official's performance back to the level required in his/her position if his/her performance proves to be insufficient. The procedure strives to identify and remedy the situation in order to help the official and avoid his/her downgrading or dismissal. When doing so, personal and professional aspects are revealed and analysed involving the official and his/her superiors (assessors). In light of the fact that possible consequences can include the termination of employment or downgrading, the procedure has to be carried out with extreme care of the official's rights, including the protection of his/her personal data. It must be borne in mind that the official is by the very nature of the situation in a defensive position. In his opinion the EDPS scrutinised the steps of the procedure which deserve close attention from a data protection point of view and made recommendations on several points, including the storage of data related to completed or interrupted remedial procedures, or on the processing of health related data in this context.