5
Dec
2008
Evaluation of interpreters - Parliament
Opinion of 5 December 2008 on a notification for prior checking concerning the evaluation of interpreters (Case 2008-578)
Available languages: English, French
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Staff Evaluation
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26
Nov
2008
Certification - Economic and Social Committee
Opinion of 26 November 2008 on a notification for prior checking regarding the "certification procedure" case (Case 2008-475)
The Economic and Social Committee organises a procedure to select officials to be authorised to participate in training in the framework of the certification procedure, under Article 45a of the Staff Regulations of Officials of the European Communities. The processing operation consists of the receipt, processing and analysis of applications received in the framework of the certification procedure which enables staff at grade AST 5 and above to be appointed as administrators.
The proposed processing does not appear to involve any infringement of the provision of Regulation (EC) No 45/2001, so long as the European Economic and Social Committee guarantees the rights of access to the files and the data quality, informs recipients that they may not use the data for other purposes, reassesses the data storage period and reviews the information provided and how it is provided.
Available languages: English, French
25
Nov
2008
Probationary period reports - OHIM
Opinion of 25 November 2008 on a notification for prior checking concerning "Probationary Period Reports" (Case 2008-432)
OHIM Reporting Officers draft Probationary Period Reports and Management Capacities Assessments which aim to assess the performance of newly recruited officials and temporary/contractual agents as well as the management competences of officials appointed in management positions. The processing is carried out under the responsibility of OHIM Career and Development Sector which is part of the OHIM Human Resources Department.
The Prior Check Opinion gives recommendations to ensure full compliance with Regulation 45/2001, in particular, among others, it suggests that OHIIM (i) sets out an appropriate time-limit for the storage of the personal files; (ii) reminds all recipients of their obligation not to use the data received for any further purpose than the one for which they were transmitted and, (iii) inserts in the "Probation Period Report" data protection information in light of Article 12 of the Regulation as suggested in this Opinion.
Available languages: English, French
7
Nov
2008
Promotion of Officials and Regrading of Temporary Agents - OHIM
Opinion of 7 November 2008 on the notification for prior checking regarding the Internal Promotion of Officials and Regrading of Temporary Agents (Case 2008-095)
The purpose of the processingis to conduct the yearly internal promotion/regrading exercise for members of staff. At the beginning of each yearly exercise, the lists of the staff members eligible for promotion and regrading are published on the OHIM's Intranet. A database of staff members to whom promotion/regrading points may be awarded is set up containing administrative data synchronised from a human resources module. The database is made accessible for the respective Directors for a limited period of time so that they can attribute the promotion/regrading points. The members of the Management Committee have to agree on a proposal of points to be awarded. An individual notification of the proposed points is sent to the staff members concerned who may lodge an appeal against the notification within ten working days to the Joint Evaluation and Promotion Committee (JEPC). Before the Appointing Authority takes a formal decision concerning promotions, the JEPC shall examine and issue an opinion on the list of candidates for promotion. It shall also issue an opinion on the overall awarding of promotion points. Wherever relevant, it shall formulate recommendations to the Appointing Authority. The final promotion/regrading points are awarded by the Appointing Authority and notified to the staff member concerned. The lists of promoted/regraded staff members are published on OHIM's Intranet.
The EDPS examined the procedure and concluded that there is no reason to believe that there is a breach of the provisions of Regulation (EC) 45/2001 provided that certain considerations are taken into account notably that the conservation period be reassessed after the first ten years based on practical experience; the recipients be made aware that they shall process the personal data they receive in the course of the promotions procedure only for that purpose; and that information is provided on categories of data processed, notably in the data base, and the recipients of the data other than the Management Committee and the HRD's Personnel Administration Sector.
Available languages: English, French
22
Oct
2008
Quality checks - OHIM
Opinion of 22 October 2008 on the notification for prior checking regarding quality checks (Case 2008-437)
This prior checking notification followed upon staff complaints and was only submitted to the EPPS upon his specific request. It concerns a system of internal quality checks during which (i) the work products of OHIM's trademark examiners are reviewed and (ii) the results are reported in a database created for this purpose. The primary purpose of these systematic checks is to improve the overall quality of OHIM's work products. However, the results of the quality checks (i) are also used to evaluate the quality of work of each examiner and (ii) inform management decisions regarding measures that may individually affect the examiners, such as performance appraisals, promotion, contract renewals, disciplinary measures, or training.
The EDPS recommended the adoption of a clear and formal internal decision to strengthen the legal basis of the operation and provide much needed clarity and certainty to staff members. This decision should clearly describe the system of the ex-ante quality checks, including their intended purpose, and provide for appropriate data protection safeguards, as recommended in the Opinion. Instead of fragmental email-communications, the EDPS also urged OHIM to adopt a formal data protection notice and make it available permanently on OHIM's intranet site. In addition, the EDPS emphasised that all possible efforts should be made to improve the level of accuracy, reliability, and consistency of the data. In any event, data included in the database should only be used as one of several factors to be considered in the decision-making process. Whenever data stored in the database are used for purposes which may individually affect staff members, they must also be heard and be given the opportunity to put forward their positions.
Available languages: English, French