Opinion of 24 July 2009 on a notification for prior checking regarding applications to work part time (Case 2009-322)
On 24 July 2009, the EDPS adopted an opinion on the prior checking of the handling of applications to work part time at the European Economic and Social Committee (EESC). This was a true prior check, relating to the adoption by the EESC of a new procedure on part-time work. The EDPS notes the information notice drawn up by the EESC on the protection of the data of members of staff in connection with this application procedure for part-time work. He recommends that the notice should be amended, in particular to make reference to the new procedure for part-time work, and to lay down that the official/staff member should tell any family members whose data are communicated as justification for the application to work part-time that they have a right of access to the data concerning them. The EDPS also recommends that if authorisation to work part-time is refused and the opinion of the Joint Committee has to be obtained, the person concerned should be allowed access to the Joint Committee's opinion for the data concerning him or her.
Prior-checking Opinion regarding the video-surveillance system of the European Economic Social Committee and the Committee of the Regions (Case 2017-0662)
The Opinion regards the rather sophisticated video-surveillance system of the European Economic Social Committee and the Committee of the Regions. In the light of the EDPS Guidelines on Video-surveillance and against the background of a data protection impact assessment conducted, it contains recommendations on covert surveillance (concealed cameras), the collection of special categories of data and applicable retention periods.
Opinion of 5 March 2010 on a notification for prior checking on the management of absences and sickness leave using the "Centurio" database (Joint cases: 2009-0702 and 2009-0703)
This prior checking covers the data protection aspects of the management of absences and sickness leave at the EESC and the operation and use of the "Centurio" IT system for this purpose. The EDPS opinion focuses on special leave, medical leave and maternity leave but when necessary also addresses other aspects of the management of absences.
The EDPS recommendations focus on data retention and proportionality/access rights.
In particular, the EDPS recommends that EESC should shorten the retention period for medical leave (to four from five years). EESC should also reconsider the retention period, on a case by case basis, for each other type of leave for which the retention period is currently also set at five years. In most cases, a retention period not exceeding one or two years may be appropriate.
Further, EESC should reconsider the rules governing who has access to what data and for what period of time. In particular, access to management should be limited to a lesser set of categories and for a shorter period of time, not including historic data. Access to assistants and others upon authorization by the heads of units should also be more limited. Medical service should only have access to medical leave data and not to other types of leave data. Their access to historic data should also be reconsidered. Further, in the staff directory, which is available for all for viewing on the EESC intranet, there is no need to indicate whether an individual is on a temporary contract or a permanent official and whether he is in or out of the office on a particular day. Finally, photos should be uploaded only based on clear opt-in consent.
Opinion of 25 November 2008 on a notification for prior checking on the attestation procedure (Case 2008-476)
The Economic and Social Committee is organising a selection procedure for officials authorised to follow the attestation exercise. The attestation procedure comprises three stages: publication of a call for applications; establishment of a list of applicants admitted to the attestation procedure; attestation in posts recognised as being of "Qualified Assistant" level.
The EDPS has examined the processing of personal data in the attestation procedure and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001, if certain recommendations are followed, in particular if the responsible department changes the period for which data are stored, establishes a procedure to be followed in the event of a request for access or rectification, and provides information to data subjects in accordance with Articles 11 and 12 of the Regulation.
Opinion of 1 April 2009 on the notification for prior checking on the annual exercise for early retirement without reduction of pension rights (Case 2008-719)
The purpose of the processing operation is to implement annual exercises for early retirement without reduction of pension rights in compliance with Article 9 of Annex VIII to the Staff Regulations and the second and third subparagraphs of Article 39(1) of the CEOS. Implementation is based on Decisions No 271/07 A of 13 June 2007 and No 144/08 A of 4 April 2008 on the possibility of not applying the reduction in pension rights to officials and other servants who leave the service before the age of 63 and request that their retirement pension be paid immediately.
The proposed processing operation would not appear to involve any breach of the provisions of Regulation (EC) No 45/2001, provided that the European Economic and Social Committee ensures that applicants' family members and dependants whose data might be processed by the EESC have rights of access and rectification and that it reviews the content of the information supplied and the arrangements for supplying it.
Opinion of 26 November 2008 on a notification for prior checking regarding the "certification procedure" case (Case 2008-475)
The Economic and Social Committee organises a procedure to select officials to be authorised to participate in training in the framework of the certification procedure, under Article 45a of the Staff Regulations of Officials of the European Communities. The processing operation consists of the receipt, processing and analysis of applications received in the framework of the certification procedure which enables staff at grade AST 5 and above to be appointed as administrators.
The proposed processing does not appear to involve any infringement of the provision of Regulation (EC) No 45/2001, so long as the European Economic and Social Committee guarantees the rights of access to the files and the data quality, informs recipients that they may not use the data for other purposes, reassesses the data storage period and reviews the information provided and how it is provided.