Privacy in the EU Institutions

Opinion of 1 April 2009 on the notification for prior checking on the annual exercise for early retirement without reduction of pension rights (Case 2008-719)

The purpose of the processing operation is to implement annual exercises for early retirement without reduction of pension rights in compliance with Article 9 of Annex VIII to the Staff Regulations and the second and third subparagraphs of Article 39(1) of the CEOS. Implementation is based on Decisions No 271/07 A of 13 June 2007 and No 144/08 A of 4 April 2008 on the possibility of not applying the reduction in pension rights to officials and other servants who leave the service before the age of 63 and request that their retirement pension be paid immediately.

The proposed processing operation would not appear to involve any breach of the provisions of Regulation (EC) No 45/2001, provided that the European Economic and Social Committee ensures that applicants' family members and dependants whose data might be processed by the EESC have rights of access and rectification and that it reviews the content of the information supplied and the arrangements for supplying it.

Opinion of 30 March 2009 on the notification for prior checking regarding structural trainees (Case 2008-760)

Opinion of 25 March 2009 on the notification for prior checking concerning "the processing of requests for waiver of immunity from legal proceedings and of the inviolability of Commission premises and archives" (Case 2008-645)

The European Commission has entrusted the Investigation and Disciplinary Office of the Commission (IDOC) with the processing of data for the purpose of deciding, in response to a request from a national court or any other national body entitled to carry out an investigation, whether to authorise or refuse to authorise the appearance in court of an official or other servant and/or access to the premises and/or archives of the European Commission.

The EDPS recommends in particular that appropriate retention periods be established for files relating to requests for waiver of immunity in the light of developments, taking into account any discontinuation of disciplinary and/or dispute procedures or the data subject's acquittal in court.  As regards transfer of data to recipients other than Community institutions, the nature of the data exchanged requires that a list of such transfers be drawn up and the legal justification for them indicated.

Opinion of 23 March 2009 on a notification for prior checking on the management of information sent by OLAF under Memorandum of Understanding (Case 2009-011)

The Memorandum of Understanding (hereinafter MoU) organising the exchange of information between OLAF and the Commission with respect to OLAF internal investigations in the Commission, adopted on 23 July 2003, provides for information to be provided by OLAF to the Commission in the context of internal investigations and communicated, in confidence and on a need-to-know basis, to the responsible Commissioners and Directors-General concerned.  This information frequently contains personal data.  The Commission does not receive all the data relating to investigations conducted by OLAF only that provided for by Regulation (EC) No 1073/1999 as specified in the MoU adopted in July 2003.  This is summary information, in no way detailing all the activities undertaken during the investigations, hearings, evidence etc.  OLAF has control of the information it sends to the Commission during an investigation and it generally sends summary information when an investigation is opened and in the course of it.
This enables the Commission (the Commissioner and the relevant department) to have the information necessary to take any precautionary measures justified in the circumstances in order to protect the institution's financial interests and reputation (purpose of the processing).

The proposed processing does not appear to involve breaches of the provisions of Regulation (EC) No 45/2001 provided that the Commission strengthens the principle of data quality, reassesses the data storage period, reviews the content of the information provided and the arrangements for so doing and makes arrangements for exercise of the rights of access and rectification for data subjects.

Answer to a consultation regarding "tachograph records from digital and analogue tachographs" (Case 2008-563)