Privacy in the EU Institutions

Opinion of 18 May 2009 on the notification for prior checking concerning the promotion and regrading procedure case (Case 2009-018)

The prior checking relates to the processing of personal data in the context of the Translation Centre's promotion/regrading procedure.  The procedure is based on an individual promotion/regrading form which is circulated between the different groups of users concerned.  The promotion/regrading forms might also be transferred to other Community institutions and agencies if an official/temporary staff member transfers, or applies for a transfer, to another institution/agency.  There is also a promotion file composed of individual promotion/regrading forms, the list of officials and temporary staff members eligible for promotion/regrading and the list of officials promoted.  The promotion files are kept until officials/temporary staff members (or their dependants) have exhausted all channels of appeal after termination of service and for no longer than ten years as from the last pension payment.

After examining the case, the EDPS reached the conclusion that only relevant data should be stored in the data subject's personal file; that only relevant data should be transferred to another institution in the event of the data subject's transfer there; and that the specific information note should include the general information headings.

Answer to a consultation regarding the launch of new research projects at the European Agency for Fundamental Rights (FRA) (Case 2008-777)

Opinion of 18 May 2009 on the notification for prior checking on the "Mediation Service of the European Commission" (Case 2009-010)

The European Commission has a Mediation Service which provides impartial advice to each official, servant or department that consults it. That Service intervenes if a case is submitted to it by an individual or a Commission department and may hear the persons concerned and request information from the Commission departments concerned. The role of the Mediation Service is to reconcile the administration and the staff. It makes recommendations and gives opinions, but has no power of decision.

The EDPS has examined the processing of personal data in managing absences owing to illnesses and has concluded that it does not seem to involve any infringement of the provisions of Regulation (EC) No 45/2001, provided that certain recommendations are implemented, in particular that the competent department checks the appropriateness of the transfer on a case by case basis and ensures that only relevant data are transferred; reminds data recipients that they may process the data they receive only for the purposes for which they are transmitted; applies the right of access and rectification to anyone whose personal data are processed; makes the specific confidentiality statement available on the Commission intranet site, and, if necessary, informs other persons whose data are being processed.

Opinion of 8 May 2009 on a notification for prior checking regarding the processing operation "TFlow" and "PROFIL" (Case 2009-069)

This notification covers two linked applications (TFlow and PROFIL).

The purpose of the processing is the management of workload in the translation units of the European Parliament. Moreover, while the primary purpose of the use of the data is for allocation and practical workflow management, including assessing workload and capacity, the notification states that the data may be taken into account for staff assessment and appraisal purposes.

Analysis of the EDPS on a consultation related to the draft implementing rules of Eurofound