Privacy in the EU Institutions

Opinion of 4 September 2007 on the notification for prior checking on the "Assessment of the ability to work in a third language (application of Article 45(2) of the Staff Regulations" (Case 2007-88)

Article 45(2) of the Staff Regulations, which entered into force on 1 May 2004, provided for a process of assessment of staff's ability to work in a third language before the first promotion after recruitment. "Officials shall be required to demonstrate before their first promotion the ability to work in a third language among those referred to in Article 314 of the EC Treaty. The institutions shall adopt common rules by agreement between them for implementing this paragraph (…)."  The common rules laying down the procedure for implementing Article 45(2) of the Staff Regulations were adopted by all institutions at the end of December 2006. The assessment, based on tests or on certificates/diplomas, is carried out by EPSO in conjunction with assessment committees or by processors.

The EDPS made a number of recommendations in his opinion on EPSO's assessment of the ability to work in a third language; these chiefly concern the transfer -of data, the wording of contracts between EPSO and processors, and reviewing automated individual decisions.

Réponse à une notification de controle préalable concernant la délivrance de la carte d'identité émise par le Foreign and Commonwealth Office (FCO) (Dossier 2007-499)

Answer to a notification for prior checking on the diplomatic registration document (Case 2007-497)

Opinion of 3 August 2007 on the notification for prior checking regarding staff assessment (Case 2007-406)

Opinion of 3 August 2007 on a notification for prior checking on the modification of the data processing operations concerning "gestion du temps" and "medical records" (Case 2007-373)

In his opinion, the EDPS expressed that the EIB would be in breach of certain provisions of the Regulation (lawfulness of the processing, data quality principle, processing of special categories of data) unless it ensures that staff members are requested to provide their freely given, unambiguous consent to the OHC physician's access to data regarding their uncertified medical leave. When requesting consent, it must be ensured that the staff member clearly understands that consent can be withheld or subsequently withdrawn at any time, without any justification, and with no adverse consequences. It must also be made clear that providing this information will only serve the purposes of prevention.