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Disziplinarverfahren und interne Ermittlungen

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12
Oct
2007
Opinions Prior Check and Prior Consultations

Criminal assistance cases - OLAF

Opinion of 12 October 2007 on a notification for prior checking on criminal assistance cases (Case 2007-203)

The activities of OLAF in criminal assistance cases aim at facilitating and coordinating investigations carried out by the relevant national authorities in order to protect the Community's financial interests. In these cases, the competent authorities of a Member State, candidate country or third country carry out criminal investigations and request OLAF's assistance or OLAF offers its assistance. During these activities OLAF processes personal data of individuals.
 
When OLAF considers whether to open a criminal assistance case or not, it evaluates the initial information received to determine whether it relates to the protection of the EU's financial interest. This evaluation may involve the assessment of individual involvements. Once a criminal assistance case is open, the assistance provided by OLAF includes organising meetings, gathering and forwarding information and facilitating the execution of mutual (administrative and legal) assistance requests. 
 
After scrutinising the data processing activities in the light of the data protection requirements of Regulation 45/2001, the EDPS made a number of recommendations. Those concern, among others, the way to ensure respect for the data quality principle, the requirements for transfer of data, the right of access and rectification of the data subjects and the right to receive appropriate information about the processing operation.
Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Investigations
4
Oct
2007
Opinions Prior Check and Prior Consultations

External investigations - OLAF

Opinion of 4 October 2007 on five notifications for prior checking on external investigations (Cases 2007-47, 2007-48, 2007-49, 2007-50, 2007-72)

The European Anti-Fraud Office (OLAF) conducts external investigations outside the Community organs. Those investigations are performed for the purpose of detecting fraud or other irregular conduct of legal and natural persons affecting the financial interests of the European Communities. OLAF carries out on-the-spot inspections and checks on economic operators in the Member States and in third countries, and is empowered to request oral information, to ask any person for information and to make written requests for information. OLAF collects personal data of individuals during external investigations, uses those data for the assessment of the behaviour of the individual(s) concerned and further transfers or stores those data.

 

After analysing the data processing activities, the EDPS made a number of recommendations to OLAF.  These concern for example: ensuring the right of access and rectification as a main rule to data subjects, and that any restriction on those rights should meet a necessity test and be applied only on a case-by-case basis; respecting the confidentiality of whistleblowers and informants; drafting of standard letters/clauses with including the appropriate information to the data subjects.

Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Investigations