Time recording system - ETF

Opinion of 21 June 2007 on the notification for prior checking regarding ETF's time recording system (Case 2007-209)

The Notification concerns ETF's electronic time recording system. The time recording exercise requires staff members to account for the use of their time spent at work by entering the hours worked and the activity carried out during those hours in a time-keeping database. The system is operated under the management of ETF’s Planning Monitoring and Evaluation Unit ("PMEU"). It is designed to enhance ETF’s capacity to plan, monitor, and account for the deployment of its human resources against strategic and operational planned objectives.

While designed for these purposes, there was a possibility that the database could also be used for performance evaluation. Therefore, the EDPS paid special attention to ensure that a number of his key recommendations are taken into account.  When commenting on the draft EDPS Opinion, ETF already noted that some of these recommendations have already been or will be implemented. Some key recommendations related to data quality and purpose limitation. The EDPS emphasized that the procedures for the exercise must be revised to ensure a higher level of accuracy, reliability, and consistency of the data. Even after such changes are implemented, ETF management must clearly and explicitly recognize the limitations of the reliability of the data to inform decisions that may individually affect data subjects. Therefore, data included in the database should only be used as one of several, only informative, rather than decisive, factors to be considered in the decision-making process. For the same reason, the database, on the individual level, can only be used for purposes directly relevant for the management of a specific project. In particular, the database cannot be used for purposes of performance appraisal, promotion, or assessing contract renewal, and the use of the database should not lead to dismissal, exclusion from contract renewals, promotion, or training opportunities, exclusion when tasks are allocated or team leaders and managers are selected, or to other similar prejudices to staff members. This does not mean that staff members who are unable to account for a productive use of their time cannot be dismissed or excluded when tasks are distributed. However, these decisions must be made based on information other than data in the database.

The EDPS also made important recommendations regarding the recipients. He noted that access to the database must be clearly limited on a need-to-know basis. In particular, access of the head of unit of the PMEU and his staff must not include access to individual data. Conservation periods must also be strictly limited to what is necessary to achieve the purpose of the processing operation. Only aggregate data should be retained for the five-year period provided for in ETF's Financial Regulation. As far as information to data subjects is concerned, the information provided to data subjects must be supplemented with reference to the right of recourse to the EDPS. In addition, communication of the purposes and uses of the database must be improved. The EDPS especially emphasises the importance of clear specification of any limitations on such uses.