Gesundheitsdaten am Arbeitsplatz

Opinion of 11 January 2008 on a notification for prior checking concerning the "Staff evaluation / assessment exercise" (Case 2007-334)

ii) the preparation of a note referring clearly to all elements provided in Articles 11 and 12 of the Regulation and making sure that the data subjects are informed of this note before the exercises of the probationary period assessment and of the staff's annual appraisal begin.

Opinion of 10 January 2008 on a notification for prior checking on "AGS-EDV Database at JRC-ITU in Karlsruhe" (Case 2007-378)
The Radioprotection Service of the JRC Institute for Transuranium Elements (ITU) in Karlsruhe processes health related data of occupationally exposed workers and visitors in accordance with the respective legal obligations laid down in the German Ionising Radiation Protection Regulation implementing Euratom Directives 96/29 and 90/641. The processing operations concern the handling of personal radiation data coming from internal and external dosimetry measurements by two external research centres, as well as the management of the respective database set to detect overexposure to the ionising radiation risks. 

The EDPS recommendations provided in this opinion aim to ensure the full compliance with the Regulation 45/2001 and concern, in particular, the information to be provided to the data subjects, as well as the necessity to comply with the confidentiality and security obligations by all subjects involved in this data processing.

Opinion of 7 January 2008 on a notification for prior checking on recording of the leave of temporary, auxiliary and contract agents, national experts and trainees (Case 2007-420)
Various categories of personal data are being processed in connection with recording of leave granted to the EMEA staff members. In particular, health related data are being processed in relation with sick leave, leave for medical appointments, maternity leave, as well as certain types of special leave (such as in case of leave for a serious illness of a family relative). In addition, personal data revealing religious beliefs may be processed in case of exchange of EMEA public holidays for the respective traditional or religious holidays.

The EDPS recommendations provided in this opinion aim to ensure the full compliance with the Regulation 45/2001 and concern, in particular, the information to be provided to the data subjects, the modalities of exercise of rights of access and rectification, as well as recall the necessity to observe the data protection principles.

Opinion of 29 November 2007 on the notification for prior checking regarding the "Invalidity procedure - Medical service in Brussels and Luxembourg" case (Case 2007-125)

On the basis of Article 59(4) of the Staff Regulations of Officials of the European Communities, the European Commission has established a procedure to obtain a decision from the Invalidity Committee as to whether a member of staff should be granted invalidity or should resume professional activities. The procedure not only concerns officials, but also temporary and contract staff on all the European Commission's sites (including offices), as well as European agencies via a Service Level Agreement type of arrangement.

Under this procedure, an application to launch an invalidity procedure may be made at the request of the person concerned or of the department in which the person is working, or by the Medical Service. This procedure involves referral to an Invalidity Committee which has a threefold task, namely to establish fitness or unfitness to work, to determine the reason for unfitness to work, and to decide whether follow-up examinations are required and if so, how frequently they should be carried out.

The EDPS' conclusion is that there is no infringement of Regulation (EC) No 45/2001, if account is taken of the various recommendations he has made on matters including the long-term storage of sensitive data; compliance with the rules on the transfer of data to a country not covered by Directive (EC) No 95/46; and the inclusion in the privacy statement of the rules for providing information to data subjects and of a reference to the destruction of medical files after the 30-year storage period.

Avis du 29 novembre 2007 sur la notification d'un contrôle préalable à propos du dossier "Examen ophtalmologique de suivi des personnes travaillant sur écran" (Dossier 2007-303)