Opinion of 9 February 2009 on a notification for prior checking regarding "ART: Audit Reconciliation Tool" (Case 2008-239)
The purpose of the processing operation is to facilitate individual auditors and their Heads of Unit to reconcile their time recorded in ASSYST (the Audit Management System) with EFFICIENT (the Flexitime system) through the so called ART tool.
A reconciliation of the records of ASSYST and EFFICIENT by staff allows them ensuring that their ASSYST records are complete and accurate for the current and the previous month.
The main recommendations of the EDPS related to, among others, the need to adopt a specific legal basis for the ART processing operation, the adoption of a privacy statement and the modification of the privacy statements of the two underlying databases.
Opinion of 23 July 2009 on the notification for prior checking regarding the "selection procedures for the recruitment of officials, temporary staff and contract staff" case (Case 2008-313)
On 23 July 2009 the EDPS adopted an opinion regarding the prior checking of selection procedures for the recruitment of officials, temporary staff and contract staff to the Court of Auditors of the European Communities. Since the data processing operation is intended to evaluate personal aspects relating to the data subject, including his or her ability, efficiency and conduct, it is subject to prior checking.
The competition unit of the Court of Auditors introduced a set of procedures for the recruitment of officials, temporary staff and contract staff. These selection procedures serve to establish lists of successful candidates in order to assist Court of Auditors departments in the recruitment of officials and other staff.
The EDPS considers that the proposed processing does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain comments are taken into account. In particular, it recommends that the Court review its data storage policy for the files of candidates who have not been selected and that it store reserve lists/lists of successful candidates in competitions and other selection procedures in compliance with Article 4(1)(e). The EDPS also stressed the importance of the information to be supplied to data subjects in the notices of competition/screening, as well as the need to make the communication of results intelligible.
Opinion of 5 October 2009 on the notification for prior checking regarding the "use of reserve lists of suitable candidates for the recruitment of officials, temporary staff and contract staff" case (Case 2008-433)
The prior checking examination covers the processing of personal data by the Court of Auditors in the context of a procedure for the recruitment of successful candidates in competitions as well as other selection procedures. The procedure applies to successful candidates in EPSO competitions as well as in competitions or "screening" procedures organised by the Court itself.
It should be noted that the EDPS' examination is linked to that carried out for the case relating to the Court of Auditor's recruitment procedure (2008-313) in his opinion of 23 July 2009.
The recommendations by the EDPS endeavour to ensure that data subjects are clearly and comprehensively informed of their right of access to files concerning them, and to ensure a consistent data storage policy.
Opinion of 17 March 2014 on the notification for prior checking received from the Data Protection Officer of the European Court of Auditors concerning the ECA's Panel for Financial Irregularities (Case 2013-0846)
The Opinion regards the European Court of Auditors' Panel for Financial Irregularities ("PFI"), which is competent to examine any infringement by an official or other member of the ECA's staff of a provision of the Financial Regulation or of any rule relating to financial management or the audit of transactions. The EDPS noted with great regret that the processing operation had already been established, but highlighted that the recommendations made by the EDPS need to be adopted accordingly. These focus mainly on ensuring that data subjects concerned benefit from their rights by means of (i) a privacy statement containing all pieces of information required under Articles 11 and 12 of the Regulation and ensuring that every data subject receives the privacy statement when his/her personal data is first recorded or disclosed, (ii) a reference to the right of the person concerned to comment on the facts mentioned in the draft final report in the Rules of Procedure and (iii) rules to safeguard the rights of other data subjects to access and rectification under Articles 13 and 14 of the Regulation.
Opinion of 24 November 2008 on a notification for prior checking concerning the "promotion procedure" (Case 2007-292)
On 19 November 2005 the Court of Auditors adopted a Decision (No 45/2005) on promotions, in application of Article 45 of the Staff Regulations of Officials of the European Communities.
The proposed processing operation does not appear to involve any infringement of Regulation (EC) No 45/2001 provided that the Court informs recipients that they may not use the data for other purposes, revises the content and form of information it provides, and clarifies the rights of access granted to data subjects.
Opinion of 9 January 2009 on the notification for prior checking on the "Annual exercise for early retirement without reduction of pension rights" (Case 2008-552)
The purpose of the processing is the implementation of the annual exercises for early retirement without reduction of acquired pension rights, in accordance with Article 9 of Annex VIII to the Staff Regulations and the second and third subparagraphs of Article 39(1) of the CEOS. Decision 100-2004 of 21 December 2004 laying down general implementing provisions on early retirement without reduction of pension rights implements this data processing operation.
The proposed processing operation would not appear to involve any breach of the provisions of Regulation (EC) No 45/2001, provided the Court of Auditors reconsiders the data storage period and reviews the content of the information supplied and the arrangements for supplying it, and also the rights of access and rectification.