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11
Jul
2007
Opinions Prior Check and Prior Consultations

Monitoring cases - OLAF

Opinion of 11 July 2007 on a notification for prior checking on monitoring cases (Case 2006-548)

OLAF engages in processing of personal data when it opens a Monitoring case. These are cases where OLAF would be competent to conduct an external investigation, but where a Member State or other authority is in a better position to do so.  OLAF main action in such cases consists in monitoring the activities of the national authorities or EU institutions that are responsible for a case in order to ensure that the appropriate judicial or administrative actions are taken to protect the Community's financial interests.  The type of personal information processed by OLAF in these cases includes identification, professional data and information concerning activities related to matters which are the subject of monitoring.  
 

The EDPS has issued an opinion on the processing of personal data in the context of OLAF's Monitoring cases. The Opinion concludes that on a general basis the data processing complies with the principles established in the data protection Regulation. However the EDPS did make some recommendations. Among others, the EDPS asked OLAF to ensure that individuals whose data are processed by OLAF are informed of the data processing that takes place in the context of Monitoring cases. It also suggested some amendments to the privacy statement and asked OLAF to conduct a preliminary evaluation of the necessity of the 20 years conservation period vis-à-vis the purpose of such conservation.

Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations
6
Jun
2007
Opinions Prior Check and Prior Consultations

Free phone service - OLAF

Opinion of 6 June 2007 on a notification for prior checking on a free phone service (Case 2007-74)

OLAF has put this tool at the public's disposal, enabling individuals to provide information that may be useful in the fight against fraud, corruption and other illegal activities affecting the financial interests of the Community. Anyone, EU staff as well as citizens, can use the Free Phone Service to report such types of unlawful behaviour.
After listening to the voice messages and deleting those that are deemed fully improper and pointless, OLAF investigators summarise the remaining messages in a "free phone screening form". This form indicates whether or not the messages are relevant to OLAF's work or to that of other authorities, such as member states or European Commission services. Based on this assessment, OLAF will deem them irrelevant, investigate them further and potentially open an investigation, or send them to other authorities if the case is relevant for them.
The OLAF Free Phone Service is subject to prior checking as it deals with data which may relate to suspected offences, criminal convictions or security measures. In his opinion, the EDPS concluded that OLAF has substantially followed all the principles of the Regulation. Nevertheless some recommendations were made, including:
  • ensuring the deletion of voice messages with information deemed irrelevant. This should not be recorded in writing or, if so, should be deleted immediately after confirmation of their irrelevance.
  • ensuring the right to information to those who have been named by callers who use the Free Phone Service, subject to the application of the exceptions provided for in the Regulation.
  • setting up a voice recording so that, upon calling the Free Phone Service, a short version of the privacy statement is provided or, alternatively, publishing it on OLAF's website.
Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations
26
Mar
2007
Opinions Prior Check and Prior Consultations

Follow-up data processing operations - OLAF

Opinion of 26 March 2007 on "follow-up" data processing operations (disciplinary, administrative, judicial, financial) (Cases 2006-544, 2006-545, 2006-546, 2006-547)
The four data processing operations concern the processing of personal data that takes place within the third stage of OLAF investigations, the so called "follow-up phase".  In this phase, OLAF's follow-up team carries out various activities entailing the processing of persona data which are designed to ensure that the competent Community and/or national authorities have executed the measures recommended by OLAF. The nature of the measures may be administrative, disciplinary, financial or  judicial. 

 
The EDPS has issued an opinion on these data processing operations which concludes that on a general basis they comply with the principles established in the data protection regulation. However the EDPS did make some recommendations mainly as concerns the accuracy of the data, data transfers and the right of information. The EDPS also recommended taking into account his recommendations when updating the OLAF Manual.
Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations