Arbeitsbedingungen

Opinion of 24 July 2009 on a notification for prior checking regarding applications to work part time (Case 2009-322)
On 24 July 2009, the EDPS adopted an opinion on the prior checking of the handling of applications to work part time at the European Economic and Social Committee (EESC). This was a true prior check, relating to the adoption by the EESC of a new procedure on part-time work. The EDPS notes the information notice drawn up by the EESC on the protection of the data of members of staff in connection with this application procedure for part-time work. He recommends that the notice should be amended, in particular to make reference to the new procedure for part-time work, and to lay down that the official/staff member should tell any family members whose data are communicated as justification for the application to work part-time that they have a right of access to the data concerning them. The EDPS also recommends that if authorisation to work part-time is refused and the opinion of the Joint Committee has to be obtained, the person concerned should be allowed access to the Joint Committee's opinion for the data concerning him or her.

Opinion of 22 June 2009 on the notification for prior checking concerning "Time and absence management" (Case 2009-072)
On 22 June 2009, the EDPS adopted an opinion on time and absence management at the European Center for Disease Prevention and Control (ECDC). The EDPS considers that the processing is lawful to the extent that it is limited to the purpose of time and absence management and that it does not lead to monitor on a regular basis the staff to evaluate personal aspects of the data subject, such as his/her ability, efficiency or conduct. Specific guarantees should be implemented as regards the processing of sensitive data, and in particular the ECDC should ensure that certificates containing medical data are sent by data subjects to an external medical service. The EDPS stresses that the right of an individual to access and rectify personal data concerning him or her should be ensured to all data subjects whom data are processed including trainees and family members, whatever the format in which such data are processed. The EDPS insists that ECDC must determine appropriate periods for the conservation of personal data.

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.

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.

Avis du 6 mai 2009 sur la notification d'un contrôle préalable de la Cour de justice à propos du dossier "horaire flexible" (Dossier 2007-437)