Opinion of 5 December 2008 on the notification for prior checking regarding data processing in the Flexitime management and checking system (Case 2008-173)
Flexitime was introduced in order to manage staff working hours more effectively and provide greater flexibility. The flexitime system is managed by the EFFICIENT database. It imports data relating to individuals, missions and absences (official leave, sick leave, etc.) from the SIC CONGES database and also from the Mission application developed by the Court of Auditors since training absences are recorded by the training department.
The proposed processing operation would not appear to involve any breach of the provisions of Regulation (EC) No 45/2001, provided that the Court of Auditors reviews access rights, the data storage period and the content of information and the manner of providing it.
Opinion of 25 November 2008 on the notification for prior checking on the supplementary aid for the disabled (Case 2008-388)
The processing called "Supplementary aid for the disabled", managed by the Welfare Unit, concerns the covering of non-medical expenses of a disabled person, with the individual making a contribution. After exhausting the possibilities of national and statutory aid, and under conditions established by the 2004 guidelines, the data subject can request aid, and data are then collected for the payment/reimbursement of an invoice and for the establishment of the level of the individual's contribution.
Data on health are processed, because additional financial aid for disabled persons can only be granted on the basis of medical reports and invoices concerning the processing necessary for the disability. Furthermore, supporting documents on occupational income, retirement pensions, family allowances and other information given to the welfare officer etc. are provided, so a number of aspects of the data subject's individual situation are assessed, namely financial, family, occupational and social circumstances. This processing operation therefore falls within the scope of the prior checking procedure based on Article 27(2)(a) and (b) of the Regulation.
In its recommendations, the EDPS emphasised inter alia that the GSC conveys to the welfare officer taking notes during discussions and to the welfare unit team responsible for the dossiers the obligation to comply with the principle set out in Article 4(1)(c) of the Regulation. The EDPS also recommended that as a general rule, the right of access and of rectification should be granted to the data subject as regards the personal notes of the welfare officer, in the light of the proportionality principle, other than in legitimate exceptional cases. It was also recommended that an order be drafted with the medical experts in the light of Article 23 of the Regulation.
Opinion of 25 November 2008 on a notification for prior checking on the attestation procedure (Case 2008-476)
The Economic and Social Committee is organising a selection procedure for officials authorised to follow the attestation exercise. The attestation procedure comprises three stages: publication of a call for applications; establishment of a list of applicants admitted to the attestation procedure; attestation in posts recognised as being of "Qualified Assistant" level.
The EDPS has examined the processing of personal data in the attestation procedure and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001, if certain recommendations are followed, in particular if the responsible department changes the period for which data are stored, establishes a procedure to be followed in the event of a request for access or rectification, and provides information to data subjects in accordance with Articles 11 and 12 of the Regulation.
Opinion of 29 September 2008 on the notification for prior checking on double dependent child allowance for a handicapped child (Case 2008-405)
Pursuant to Article 67(3) of the Staff Regulations, the Council has laid down a procedure for obtaining the opinion of the medical officer on the award of double dependent child allowance on the basis of probative medical documents. Article 67(3) of the Staff Regulations states that the dependent child allowance may be doubled, by special reasoned decision of the appointing authority based on probative medical documents establishing that the child concerned is suffering from a mental or physical handicap which involves the official in heavy expenditure.
The proposed processing operation does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001, provided that the Council sets an appropriate and proportionate period for the retention of data in ARPEGE, provides appropriate safeguards for long-term data storage, informs recipients that the data may not be used for other purposes, draws up an information note on the procedure for implementing the medical officer's conclusions on the award of double child allowance for a handicapped dependent child or supplements the note provided by the medical officer when the handicap is assessed.