Staff Evaluation

Opinion of 22 November 2007 on a notification for prior checking on the procedure for early retirement without reduction of pension rights (Case 2007-575)

The EDPS issued an opinion on the processing of personal data in this procedure in which he concluded that there is no reason to believe that the processing of personal data in the procedure for early retirement at OHIM presents a breach of the provisions of Regulation 45/2001 provided certain recommendations are taken into account notably that OHIM reassesses the conservation period for applications; that OHIM justifies the necessity of keeping data relating to selected candidates available via the intranet for a period of 5 years and that access to the decisions of the Management Committee should be granted to data subjects regarding data relating to them subject to certain limitations based on Article 20§1(c).

Opinion of 12 Novembre 2007 on a notification for prior checking on the evaluation of the members of the linguistic team (Case 2007-475)

The EDPS has issued an opinion on the evaluation of the members of the linguistic team. The EDPS 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 information of the persons concerned and the security measures. In particular, the EDPS suggested that the controller must inform the evaluated staff and provide them with the Data Protection Statement at the time of undertaking the evaluation procedure. Concerning the security measures, the EDPS recommended implementing measures to ensure an appropriate level of security in case of transfer of data.

Opinion of 24 October 2007 on the notification for prior checking regarding the certification procedure (Case 2007-414)

Opinion of 17 October 2007 on a notification for prior checking concerning the "Financial Irregularities Panel" (Case 2007-433)
The processing operation is designed to enable the Financial Irregularities Panel to give an opinion evaluating whether a financial irregularity has occurred, and if so, how serious it is and what role was played by the persons involved in the events on which its opinion is sought and, where appropriate, what its consequences might be.

The EDPS considers that the proposed processing does not appear to be in breach of the provisions of Regulation (EC) No 45/2001 provided that it must be ensured that the data collected are relevant and adequate for the purpose of the referral to the Panel; that provision must be made to state that, if processing for historical, statistical or scientific use is envisaged in the future, the Panel will ensure that the data are rendered anonymous in compliance with Article 4(1)(e); and that the information notice available on the Intranet contains a clear reference to Article 11(d) (whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply).

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.