Opinion of 13 February 2007 on a notification for prior checking on Investigation procedures regarding the use of office telephones (Case 2004-271)
The rules of the ECB as concerns the use of the telephone and fax equipment are provided for in an administrative circular. Members of staff are entitled to make personal calls but these must be declared for billing according to a system of call charging facility by introducing a PIN code. The circular establishes a procedure for investigation procedures on the use of office phones (Call Charging Facility Investigation Procedures) which can be triggered either when there is a disagreement with the content of itemised private call listing or disagreement with content of business calls statistics.If, having assessed the situation, there are grounds to suspect misconduct on the part of a member(s) of staff, further disciplinary measures can be taken, but these were not the object of the present prior check.
The EDPS has issued an opinion on this procedure which concludes that on a general basis the procedure complies with the principles established in the data protection regulation. However the EDPS did make some recommendations mainly as concerns the conservation periods for storing the data and information on the processing of personal data to be included in the administrative circular. The circular is currently in the process of modification and will reflect these recommendations accordingly.