Opinion of 10 July 2007 on a notification for prior checking related to management of the sickness insurance scheme (Case 2004-238)
PMO.3 is responsible, among others, for the management of the Sickness Insurance Scheme for officials, temporary agents and retired staff of EU (EU staff members). This Scheme was established pursuant to Article 72 of the Staff Regulations. In the context of the management of the scheme, PMO 3 must process personal data of EU staff members, including information related to the insured parties' health (prescriptions from doctors, statement fees related to the purchase of pharmaceutical products, medical reports, etc).
The EDPS has issued an opinion on the management of the scheme which concludes that on a general basis the scheme complies with the principles established in the data protection regulation. However the EDPS did make some recommendations mainly as concerns raising awareness among non-medical PMO.3 staff regarding medical secrecy, the need to reassess the conservation period for data related to medical conditions and suggested some changes in the privacy policy. The EDPS further suggested limiting the transfer of information to the Management of Committee in the context of the appeals ex Article 90 of the Staff Regulations. In particular, the EDPS recommended removing identification information as it is unnecessary in order for the Committee to provide its reports.
Opinion of 14 June 2007 on a notification for prior checking regarding the "Medical Files - Luxembourg" case (Case 2004-203)
The prior checking refers to medical files at the European Parliament (EP) in Luxembourg, in particular monitoring health at work including pre-recruitment medical examinations and annual check-ups; medical emergencies at the workplace, preventive health care and various consultations.
The pre-recruitment medical examination carried out includes a medical questionnaire to be filled in by the candidate and a series of medical examinations. The doctor enters a summary of the examination and the conclusions in the medical questionnaire. He then sends the department concerned a declaration stating that the person is either fit or unfit to work.
The annual medical check-up is an administrative requirement for all officials and other staff in active employment. The annual medical check-up may be carried out either by one of the EP's Medical Officers or by a doctor chosen by the person concerned. In the latter case, the doctor must send the Medical Service as soon as possible the report on the medical check-up and the results of the examinations carried out.
The Medical Service ensures that medical check-ups are carried out. The Medical Service uses administrative follow-up files for medical files to keep track of annual medical check-ups..
The EDPS has carried out a prior check on these activities and has concluded that the proposed processing operation does not appear to infringe the provisions of Regulation (EC) No 45/2001, provided that account is taken of certain recommendations, in particular:
that, in general terms, the EP should undertake a thorough reassessment of the questions put in the questionnaire for the pre-recruitment medical examination and annual medical check-up in the light of the principles of adequacy, relevance and proportionality, for the purposes of judging fitness for service;
that it should consider the period of storage of medical data in the light of the recommendations made by the EDPS on 26 February 2007
that the EP introduce a procedure for non-recruited persons in respect of whom medical information has been recorded, so that they too have a right of access under Article 13 of Regulation (EC) No 45/2001;
that the EPrender data anonymous or, failing that, encrypt them before they are used for historical, scientific or statistical purposes;
that the EP supplement the information provided in the waiting rooms
Opinion of 14 June 2007 on a notification for prior checking regarding the "Camed-Brussels" (Case 2004-205)
The prior checking refers to the activities of the Medical Service at the European Parliament (EP) in Brussels – CAMED; monitoring health at work, in particular pre-recruitment medical examinations and annual check-ups; medical emergencies at the workplace, preventive health care and various consultations.
The pre-recruitment medical examination carried out includes a medical questionnaire to be filled in by the candidate and a series of medical examinations. The doctor enters a summary of the examination and the conclusions in the medical questionnaire. He then sends the department concerned a declaration stating that the person is either fit or unfit to work.
The annual medical check-up is an administrative requirement for all officials and other staff in active employment pursuant to Article 59(6) of the Staff Regulations. It includes laboratory examinations, a clinical examination, including a medical questionnaire to be filled in on a voluntary basis by the person examined, and an objective clinical examination. The person concerned may also request that an HIV test be made when a blood sample is taken for the annual medical check-up. The person concerned is asked to give explicit consent in writing for this purpose. The annual medical check-up may be carried out either by one of the EP's Medical Officers or by a doctor chosen by the person concerned. In the latter case, the doctor must send the Medical Service as soon as possible the report on the medical check-up and the results of the examinations carried out.
An electronic application (CLINIDOC) enables medical acts and consultations concerning persons who came into contact with the Medical Service to be followed through.
The EDPS carried out a prior check on the activities mentioned by the European Parliament's Medical Service in Brussels and concluded that the proposed processing operation did not appear to infringe the provisions of Regulation (EC) No 45/2001, provided that account was taken of certain recommendations, in particular that the EP should not collect any other data than is necessary to determine fitness for service or to limit guaranteed benefits at the pre-recruitment medical examination; that, in general terms, the EP should undertake a thorough reassessment of the questions posed in the questionnaire for the pre-recruitment medical examination and annual medical check-up in the light of the principles of adequacy, relevance and proportionality, for the purposes of judging fitness for service; that it should consider the period of storage of medical data in the light of the recommendations made by the EDPS on 26 February 2007 in response to the consultation with the Board of Heads of Administration concerning the latter's proposal for a 30‑year storage period for medical documents; that the EP introduce a procedure for non-recruited persons or other persons (visitors, parliamentary assistants, freelances, staff of outside firms, etc.), concerning whom medical information has been recorded so that they too enjoy right of access under Article 13 of Regulation (EC) No 45/2001; and that the EP supplement the information provided in the waiting rooms in particular by giving details on theEuropean Parliament's Intranet site. In addition, this notice could be enclosed with the letter of invitation to the pre-recruitment examination or annual check-up.