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Privacy in the EU Institutions

Regulation (EU) 2018/1725 lays down the data protection obligations for the EU institutions, bodies and agencies when they process personal data and develop new policies. This regulation also defines the obligations of the EDPS, including his role as an independent supervisory authority of EU institutions and bodies when they process personal data, and to advise on policies and legislation which affect privacy and cooperate with similar authorities to ensure consistent data protection.

 

 

 

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3
Nov
2008
Opinions Prior Check and Prior Consultations

Traffic violations - Commission

Opinion of 3 November 2008 on the notification for prior checking on "Traffic violations with official vehicles of the Commission managed by the Infrastructure and Logistics Office - Brussels (OIB)" (Case 2008-395)

Within the European Commission, the Mobility and Supplies Unit, which is responsible for managing the car pool, deals with offences against the highway code committed by the drivers of official Commission vehicles managed by the OIB. The purposes of the processing operation are to examine whether, when traffic violations are committed by the drivers of official Commission vehicles, the immunity granted by the Protocol on Privileges and Immunities can be invoked, and to provide administration and follow-up.

The proposed data processing operation complies with Regulation (CE) No 45/2001, if the Commission:

  • reminds anyone who receives or processes data in the context of the procedure for handling penalty notices that the data may not be used for other purposes;
  • complies with Articles 8 and 9 as regards the transfer of data to the competent authorities;
  • as well as publishing the privacy statement on the internet, sends it to all data subjects concerned by this processing operation at the same time as the document on the procedure for forwarding the penalty notice;
  • updates the "Information for the attention of drivers of official Commission vehicles" to make the necessary changes (name of the controller and details of the data recipients).
Available languages: English, French
Topics
Privacy in the EU Institutions
Investigations
22
Oct
2008
Opinions Prior Check and Prior Consultations

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
Topics
Privacy in the EU Institutions
Staff Evaluation
Procurements, Grants, Experts
22
Oct
2008
Opinions Prior Check and Prior Consultations

eHest training - Council

Opinion of 22 October 2008 on the notification for prior checking regarding eHEST training (Computer based Hostile Environment Security Training) (Case 2008-387)

The Directorate Security Office of the Council organises a specific training in order to raise the security awareness and to mitigate risks for all personnel deployed on EU-led missions outside the EU in an operational capacity under Title V of the EU Treaty.
 
The training, called "eHEST" is a web-based training application with an automated evaluation function. Users are required to submit their data as part of the online registration process. The eHEST training programme envisages three tests. Only if the two first tests are passed with success, the final test can be accessed. The final test leads to certification which is a condition to the deployment in some areas.
 

The EDPS has issued an opinion relating to the processing of personal data in the context of the eHEST training. 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 as concerns the conservation of data and the information of the data subjects.

Available languages: English, French
Topics
Privacy in the EU Institutions
Staff Evaluation
21
Oct
2008
Opinions Prior Check and Prior Consultations

Selection of EDPS and Assistant Supervisor - Parliament and Council

Opinion of 21 October 2008 on the selection of European Data Protection Supervisor and Assistant Supervisor (Cases 2008-280 and 2008-292)

In accordance with Article 42(1) of Regulation (EC) 45/2001 of the European Parliament and of the Council on the protection of personal data by Community institutions and bodies and on the free movement of such data, the European Parliament and the Council shall appoint by common accord, the EDPS for a term of five years on the basis of a list drawn up by the Commission following a public call for candidates. An Assistant Supervisor shall be appointed in accordance with the same procedure and for the same period.

The prior check opinion of the EDPS focused on the selection procedure of the EDPS and Assistant EDPS at the European Parliament and Council following the transmission of the shortlist of candidates by the European Commission.

The EDPS concluded that there is no reason to believe that there is a breach of the provisions of Regulation 45/2001 provided that information is provided to the candidates notably on the identity of the controller at the European Parliament and at the Council; on the categories of data processed; on the recipients or categories of recipients; on the existence of a right of access and of rectification for the data processed by the European Parliament or the Council and the possible restrictions to these rights and the conservation periods in each institution.

Available languages: English, French
Topics
Privacy in the EU Institutions
Recruitment