Selection of candidates for the positions of EDPS and Assistant Supervisor - Commission

Opinion of 16 May 2008 on a notification for prior checking on the selection of candidates in order to establish a short-list for the position of European Data Protection Supervisor and the position of Assistant Supervisor (Case 2008-222)

The procedure under examination is that of the Commission in order to establish a short-list for the position of European Data Protection Supervisor and the position of Assistant Supervisor in accordance with Article 42(1) of Regulation (EC) 45/2001.

The different steps in the procedure at the Commission are the following:

• Candidates are asked to submit their application through the EUROPA website into a data base called "CV-Online Encadrement Supérieur" aimed at collecting CVs from the Internet;
•  DG ADMIN A5 sends a list of candidates and CVs via electronic mail to those instances involved in the selection procedure;
•  The pre-selection Committee analyses the documents received by each candidate, carries out an eligibility check and initial assessment of each applicant, interviews candidates using standard evaluation grids, writes a pre-selection report and establishes short-list of candidates to be interviewed by the CCA;
•  On the basis of the pre-selection report, the CCA will assess and decide whether the pre-selection committee has correctly established its long short-list and not forgotten suitable candidates (“preliminary opinion");
•  Selected candidates are invited for an interview with the CCA, enlarged with an observer from the European Parliament and an observer from the Secretariat-General of the Council, each occupying at least the function of Director. The CCA shall be assisted during the interviews by an external human resources consultant hired specifically by the European Commission.
• Following the interviews, the CCA will consign its conclusions in a formal opinion signed by its President, in the minutes of the meeting and in a separate assessment sheet for each candidate who was interviewed;
• The decision on the short list of candidates to be submitted to the European Parliament and Council is taken during a Commission meeting. Only the names of the short listed candidates are communicated to the Commission members;
• The names of the short-listed candidates, their CVs and their motivation letter are then transmitted to the European Parliament and to the Secretariat General of the Council.

The EDPS issued his opinion on the processing of personal data in the frame of this procedure and concludes that there is no reason to believe that there is a breach of the provisions of Regulation 45/2001 provided that the following considerations are fully taken into account:

• that at all stages of the procedure, the recipients to whom the data are transferred are reminded that they can only process the data for the purposes of the selection candidates to be short listed for the position of EDPS and Assistant Supervisor;
•  that the Commission clearly indicates in the page of instructions to candidates for the EDPS and Assistant Supervisor positions that the reference to the personal number in the CV-Online application form is fully optional and that candidates are not required to fill it out.