Stress at work - OHIM

In order to comply with Spanish Law OHIM is launching a study designed at assessing stress at work. One phase of this study consists in the design and launching of a survey on stress at work, on a voluntary and anonymous basis, in the form of a questionnaire and interviews with staff members. This questionnaire is designed by an external consulting company (MAPFRE).

The results of the questionnaires and interviews will be analysed per post and task and will lead to the drawing up of graphs and comparative tables per department and at a global level made available to the Occupational Risk Prevention Sector, the Staff Committee and the Management Committee of the OHIM.

 

In his opinion, the EDPS has held that although designed to process data on an anonymous basis, the processing operation could involve the processing of personal data in the terms of Regulation 45/2001. Some of the data requested in the questionnaire, notably the age of the person, the sex, the number of years spent at the OHIM and the department to which the person belongs, together with additional information on a person's social and family life, health, working and employment conditions, and taking into account the size of the agency and of some of the departments under analysis, imply that quite a few respondents must be considered as reasonably identifiable, in any case for those involved in the OHIM. In this respect therefore, the EDPS considers that the principles and obligations provided for in Regulation 45/2001 should apply.

 

The EDPS has recommended that the controller make use of Article 20 §2 to limit the rights laid down in Articles 13 to 16 of the Regulation as regards the questionnaire to be filled in on the Websurveyor as the data are "kept in personal form for a period which does not exceed the period necessary for the sole purpose of compiling statistics". Providing the data subjects with a right of access to the data notably implies that the controller should be able to trace the questionnaire according to the identity of the person and this is something the EDPS would like to avoid so as to ensure the anonymity of the persons concerned.