Privacy in the EU Institutions

Opinion of 4 December 2007 on the notification for prior checking regarding the "reporting procedure for officials and other servants" (Case 2007-356)

The purpose of the performance report (procedure provided for in Article 43 of the Staff Regulations) is to enable the assessor to review, inter alia, the reportee's knowledge and ability, output, efficiency, work and conduct in the service. The Committee of the Regions introduced a staff reporting procedure via Decision No 287/04.

The report is prepared in several stages and the reportee is kept informed throughout the procedure. A specific privacy statement is also made available.

The EDPS's recommendations relate to length of the period during which data are stored in the personal file, the obligations of data recipients, the provision of full information for reportees, the exercise of their rights and the implementation of the security measures relating to the data.

Opinion of 29 November 2007 concerning administrative management in the event of strikes and equivalent action: deductions from salaries and requisitions (Case 2004-249)
Arrangements concerning the right to strike at the Council are governed by a Staff Note (43/203) dated 2 April 2003 on measures to be applied in the event of strikes and equivalent action and by a record of agreement following consultation dated 24 May 2004. The purpose of the data processing operation is to establish a reliable list of strike participants in order to apply a salary deduction to them and to ensure the requisition of the staff necessary for the operation of certain essential services.
The main recommendations made by the EDPS in the context of his opinion on the procedure for the management of data relating to participation in strikes concern the provision of information to data recipients on the occasion of transfers and to data subjects.

Opinion of 20 November 2007 on a notification for prior checking regarding the recruitment procedure of Seconded national experts (Case 2007-567)

Opinion of 29 November 2007 on the notification for prior checking regarding the "Invalidity procedure - Medical service in Brussels and Luxembourg" case (Case 2007-125)

On the basis of Article 59(4) of the Staff Regulations of Officials of the European Communities, the European Commission has established a procedure to obtain a decision from the Invalidity Committee as to whether a member of staff should be granted invalidity or should resume professional activities. The procedure not only concerns officials, but also temporary and contract staff on all the European Commission's sites (including offices), as well as European agencies via a Service Level Agreement type of arrangement.

Under this procedure, an application to launch an invalidity procedure may be made at the request of the person concerned or of the department in which the person is working, or by the Medical Service. This procedure involves referral to an Invalidity Committee which has a threefold task, namely to establish fitness or unfitness to work, to determine the reason for unfitness to work, and to decide whether follow-up examinations are required and if so, how frequently they should be carried out.

The EDPS' conclusion is that there is no infringement of Regulation (EC) No 45/2001, if account is taken of the various recommendations he has made on matters including the long-term storage of sensitive data; compliance with the rules on the transfer of data to a country not covered by Directive (EC) No 95/46; and the inclusion in the privacy statement of the rules for providing information to data subjects and of a reference to the destruction of medical files after the 30-year storage period.

Avis du 29 novembre 2007 sur la notification d'un contrôle préalable à propos du dossier "Examen ophtalmologique de suivi des personnes travaillant sur écran" (Dossier 2007-303)