Privatsphäre in den EU-Organen

Opinion of 17 June 2009 on a notification for prior checking regarding the selection of middle management staff and advisers in the Commission (Case 2008-751)

DG ADMIN organizes and manages the selection process of middle management staff and advisers in the Commission in order to select the best suited candidates for a particular position.   In order to select the best suited candidates, applicants have to follow various procedures (interviews with pre-selection panel, interview of shortlisted with the Director General and the Rapporteur, in some cases, opinion of the Consultative Committee on Appointments, etc). Such procedures entail the collection and further processing of candidates' personal data for the purposes of evaluating their competences for a given position.

In his opinion, the EDPS concluded that the DG ADMIN has substantially followed all the principles of the Regulation. Nevertheless the EDPS recommended, among others, that DG ADMIN:

• Ensures that no data related to closed disciplinary proceedings is collected and further processed.
• Reconsiders the storage periods.
• Limits the amount of information transferred during the second phase.
• Provides an information notice to applicants for all middle management and adviser posts, including those published at level AD 9 / AD 14.

Opinion of 16 June 2009 on the notification for prior checking regarding the "recruitment of temporary staff" (Case 2008-695)

On 16 June 2009 the EDPS adopted three opinions on the prior notification of selection procedures for the recruitment of officials, temporary staff and contract staff at the Committee of the Regions.

The EDPS has concluded that the processing operation does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are taken into account. The Committee should, in particular, review its policy on collecting criminal records and birth certificates and on the storage of certain categories of data. The EDPS also stresses the importance of the information to be provided to data subjects in the course of the recruitment procedure and the need to provide access to the data, including the assessments made during the procedure.

Opinion of 16 June 2009 on the notification for prior checking regarding the "recruitment of officials" (Case 2008-694)

On 16 June 2009 the EDPS adopted three opinions on the prior notification of selection procedures for the recruitment of officials, temporary staff and contract staff at the Committee of the Regions.

The EDPS has concluded that the processing operation does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are taken into account. The Committee should, in particular, review its policy on collecting criminal records and birth certificates and on the storage of certain categories of data. The EDPS also stresses the importance of the information to be provided to data subjects in the course of the recruitment procedure and the need to provide access to the data, including the assessments made during the procedure.

Opinion of 16 June 2009 on the notification for prior checking regarding the "recruitment of contract staff" (Case 2008-696)

On 16 June 2009 the EDPS adopted three opinions on the prior notification of selection procedures for the recruitment of officials, temporary staff and contract staff at the Committee of the Regions.

The EDPS has concluded that the processing operation does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are taken into account. The Committee should, in particular, review its policy on collecting criminal records and birth certificates and on the storage of certain categories of data. The EDPS also stresses the importance of the information to be provided to data subjects in the course of the recruitment procedure and the need to provide access to the data, including the assessments made during the procedure.

Opinion of 5 June 2009 on a notification for prior checking regarding the "Handling of annual and specific declarations of interest" (Case 2008-737)

The European Food Safety Authority (EFSA) pursues a policy of screening potential conflict of interests. To this end, different categories of data subjects are requested to submit an annual and/or specific declaration of interests. The standard forms for declaring interests request diverse pieces of information. Failing to meet this obligation can lead to further consequences regarding the concerned person.

After carefully examining the information describing the processing operation, the EDPS advises EFSA, among others, to reconsider the data retention period, to ensure the right of access and rectification also regarding the paper files, to display the data protection notice not only in the Guidance Document but also in the first letter communicating with the expert and to improve further its security policy.