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19
Oct
2007
Opinions Prior Check and Prior Consultations

Mutual assistance exchanges - OLAF

Opinion of 19 October 2007 on a notification for prior checking on mutual assistance exchanges (Case 2007-202)

OLAF assists competent authorities in the Member States of the EU referred to in Council Regulation (EC) 515/97 in preventing, investigating and prosecuting violations of customs or agricultural legislation and to enhance the effectiveness of the cooperation among Member States and between them and the European Commission. For this purpose, competent authorities of Member States communicate and exchange anti-fraud information with each other and with the Commission [OLAF]. Anti-fraud information is also exchanged with Third countries under Mutual Assistance Agreements. These exchanges are made by means of the mailing applications of OLAF Anti-Fraud Information System (AFIS) and are organised via the use of screens, called modules, which are designed to cover a specific type of information regarding a particular area of movement of goods and/or means of transport. Three main categories of stakeholders are involved in the processing operation whose personal data therefore are processed: the persons concerned by the investigation or prosecution, the providers of information to the system and the recipients of the information (both of these latter can be OLAF agents or individuals in Member States authorities). The personal data processed concerns identification data, professional data, financial data, case involvement and criminal record data.
 

After examining the details of the processing operation, the EDPS made several recommendations, which concern, among others, the data quality principle, transfers of personal data, right of access and rectification and the restriction of those rights and the information that should be supplied to data subjects.

Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations
17
Oct
2007
Opinions Prior Check and Prior Consultations

Disciplinary proceedings and administrative investigations - Ombudsman

Opinion of 17 October 2007on the notification for prior checking regarding the "disciplinary proceedings and administrative investigations" dossier (Case 2007-413)

The European Ombudsman has adopted general implementing provisions (GIP) governing disciplinary proceedings and administrative investigations relating to disciplinary proceedings and they became applicable as from 1 May 2004.

The EDPS has examined the personal data processing and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that a number of recommendations are taken into account, specifically that: a general instruction is adopted to ensure that only adequate and necessary data are processed in the course of administrative investigations and disciplinary proceedings; a procedure is clearly established for the conduct of any tapping of electronic communications; anyone receiving and processing data in the context of an administrative investigation or disciplinary proceedings within the European Ombudsman's Office processes them solely within the framework of administrative investigations or disciplinary proceedings; the period of storage of data in the personal file and in the disciplinary file is reviewed in the light of Article 4(1)(e) of the Regulation; right of access and right of rectification are also granted to all persons mentioned in the investigation report or disciplinary file, within the limits of the exemptions set out in Article 20; and provision is made for the supply of general information on the processing of personal data in the context of administrative investigations and disciplinary proceedings and for the supply of specific information on the processing of data in the context of a specific administrative investigation or specific proceedings within the limits of Article 20 of Regulation No 45/2001.

Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations
Staff Evaluation
Conflicts of Interest
12
Oct
2007
Opinions Prior Check and Prior Consultations

Criminal assistance cases - OLAF

Opinion of 12 October 2007 on a notification for prior checking on criminal assistance cases (Case 2007-203)

The activities of OLAF in criminal assistance cases aim at facilitating and coordinating investigations carried out by the relevant national authorities in order to protect the Community's financial interests. In these cases, the competent authorities of a Member State, candidate country or third country carry out criminal investigations and request OLAF's assistance or OLAF offers its assistance. During these activities OLAF processes personal data of individuals.
 
When OLAF considers whether to open a criminal assistance case or not, it evaluates the initial information received to determine whether it relates to the protection of the EU's financial interest. This evaluation may involve the assessment of individual involvements. Once a criminal assistance case is open, the assistance provided by OLAF includes organising meetings, gathering and forwarding information and facilitating the execution of mutual (administrative and legal) assistance requests. 
 
After scrutinising the data processing activities in the light of the data protection requirements of Regulation 45/2001, the EDPS made a number of recommendations. Those concern, among others, the way to ensure respect for the data quality principle, the requirements for transfer of data, the right of access and rectification of the data subjects and the right to receive appropriate information about the processing operation.
Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations