Working Conditions

Opinion of 16 September 2008 on the notification for prior checking regarding the "Flexitime interface-PersonaGrata (DGA3) dossier (Case 2008-324)

This prior check by the European Data Protection Supervisor is the first to be based on Article 27(2)(c), which provides for the prior checking of "processing operations allowing linkages not provided for pursuant to national or Community legislation between data processed for different purposes". The purpose of the interface between Flexitime and PersonaGrata at the Council is to make it possible to prevent duplication of the work of encoding data considered as equivalent between the two databases with the dangers of error that that entails, and thus to ensure consistency between the two databases, improve the efficiency of personnel management in the departments and units and to provide more reliable information. As regards the clocking data, the purpose of the interface is to export those data from the Flexitime database to the PersonaGrata system.

The EDPS' main recommendations for the interface between Flexitime and PersonaGrata concern compliance with the rules laid down for the Flexitime case (including those on the provision of information to data subjects and the data storage period), to maintain consistency between these two cases. The EDPS also asks that there should be a specific procedure for saving data in connection with that interface.

Answer of 15 September 2008 to a notification for prior checking relating to the DG ENTREPRISE's ("DG ENTR") flexitime interface to TIM (Case 2008-111)

In this notification relating to Flexitime, DG ENTR intends to implement a button interface in working PCs to collect presence data. In his analysis, the EDPS considers that the purpose of the notified treatment by DG ENTR does not fully meet the purpose of flexitime, as derived from the analysis of TIM and opposes the sending of e-mails to a functional mailbox of the Head of Units. However, the EDPS recognises that the idea to have a user friendly interface to store timestamps into TIM without the need to use the graphical user interface of SYSPER2-TIM should not be prevented.

Answer to a notification for prior checking of processing in relation to "salaries including social contributions" (Case 2008-396)

Opinion of 20 June 2008 on a notification for prior checking  on the management of leave and flexitime (Case 2008-158)
The EMCDDA records all leave taken by its staff on an in-house database "Sic Congés". The system is designed to enable every member of staff to enter, amend or cancel data necessary for a leave application as well as to enable managers (head of units, director) to monitor leave and leave administrators (HR staff) to manage leave entitlements. When doing so, personal data concerning health are revealed in order to justify medical absences. In his opinion the EDPS scrutinised the steps of the procedure which deserve close attention from a data protection point of view and made recommendations on several points, including the storage of data, handling of medical certificates, procedure for rectification of data and information of the concerned staff members.

Opinion of 26 May 2008 on a notification for prior checking on assignment of ALER flats to statutory staff of JRC Ispra and the European School in Varese (Case 2008-144)
The purpose of processing is to attribute free ALER flat to statutory staff of JRC Ispra site and the dependants of the European School in Varese taking into consideration new arrivals, family size and social aspects (such as a family with a handicap person in charge).

The attribution procedure is the following:

• publication of free ALER (Azienda Lombarda per l'edilizia residenziale provincia di Varese) flats;
• collection of applications;
• preparation of evaluation sheets;
• convocation of the Joint Housing Committee (CPA);
• decision on basis of neutralised (without name) tables of evaluation. The evaluation is based on the attribution criteria listed in the file "Scheda individuale per assegnazioni alloggi";
• after the selection (decision of the Joint Housing Committee) the candidates are informed by post sealed in a closed envelope either by internal post to JRC staff in Ispra or by registered letter to European school staff;
• ALER is informed about attribution of apartments to the respective candidates, the name, the work-address (JRC or European school) and the work-place phone number are indicated in order to protect the information about their private address.