Selection and recruitment of temporary and contractual agents - FRA

Opinion of 24 September 2009 on the notification for prior checking regarding FRA's selection and recruitment of its temporary and contractual agents (Case 2008-589)
The Notification covers the selection and recruitment of FRA's temporary and contractual staff.  The recommendations of the EDPS relate, most importantly, to the conservation of the data, rights of access, and information to data subjects.   On the first issue, FRA should reconsider the conservation periods to ensure that data are kept no longer than necessary for the purposes initially contemplated. In particular, when data are conserved for budgetary discharge, control and audit purposes, personal data contained in supporting documents shall be deleted where possible when those data are not necessary for these purposes. Special attention should be paid to highly sensitive data such as criminal records. In this regard the EDPS welcomes the commitment of FRA to comply with the recommendations.   On the second issue, the rights of access, FRA should ensure that any restrictions in order to preserve the confidentiality of the deliberations of the selection panel must be reconciled with the candidates’ right of access; the EDPS recommends that further efforts should be made to ensure wider access to internal documents. Certain other additional procedural safeguards are also recommended (see Section 3.7).  On the third issue, information to data subjects, certain modifications are necessary with respect to some items under Articles 11 and 12 of the Regulation (see Section 3.8). The Director's Decision should also be made available to candidates.