Opinion of 23 February 2011 on a notification for Prior Checking regarding "CRIS-Follow up of experts availability in FWC assignment" (Case 2010-0465)
Opinion of 16 December 2010 on the notification for prior checking from the Data Protection Officer of the European Monitoring Centre for Drugs and Drug Addiction concerning "Procurement procedures and contract management"(Case 2010-635)
Opinion of 22 April 2010 on a notification for prior checking regarding the processing operations to manage calls for tenders (Case 2009-0037)
Opinion of 15 April 2010 on the model notification for prior checking concerning "Procurement procedures and Call for expression of interest for selection of experts" (Case 2009-570)
Opinion of 5 December 2009 on calls for tenders (Case 2007-126)
The purpose of the processing operation is to assess the technical and professional abilities of candidates having regard to the calls for tenders and to select the best tenderers capable of fulfilling the terms of the published contract notice. The purpose of the processing operation is not to exclude (Article 27(2)(d)) candidates from being selected and awarded a contract, but to assess their abilities and their financial data on the basis of general and specific criteria, including the specifications, with a view to their being considered for a contract (Article 27(2)(b)). Furthermore, extracts from criminal records are collected as part of the assessment and selection of candidates for the award of a contract in the framework of the specifications. This is why the processing operation falls within the scope of the prior checking procedure on the basis of Articles 27(2)(a) and 27(2)(b) of the Regulation respectively.
As part of his recommendations, the EDPS advised the EIB to adopt a new data retention period in the case of candidates who are awarded a contract; that period should be reasonable and proportionate for achieving the purpose of processing, without prejudice to specific retention in the case of disputes and complaints. In addition, the EDPS stressed that the "Privacy statement" information note should be communicated to data subjects when the invitation concerning the call for tenders notice is issued and when the prospective contract is to be signed by the successful tenderer.