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.
Opinion of 25 January 2008 on a notification for prior checking concerning "Career development and appraisal cycle" (Case 2007-585)
The EDPS has issued an opinion on the evaluation of the EFSA staff. The EDPS concludes that on a general basis the procedure complies with the principles established in the data protection regulation. However the EDPS did make some recommendations mainly as concerns the need to provide appropriate information to the data subjects, to ensure the security of data during transfers as well as to remind all EFSA internal recipients of their obligation not to use the data for any further purpose beyond the purposes communicated to the data subjects.
Avis du 6 mai 2009 sur la notification de contrôle préalable concernant les "Evaluations et rapports de stage" (Dossier 2009-030)
The European Food Safety Authority processes personal data of its staff related to probationary periods. The purpose of processing the personal data of staff members is to meet the requirements of the Staff Regulations and the Conditions of Employment of other Servants of the European Communities (CEOS). The probationary report itself aims at providing an objective summary assessment of the staff member's performance, competences and conduct during the initial period of the engagement.
The opinion advises EFSA to pay special attention to the principle of data quality and prior to automated solutions being introduced the EDPS should be consulted.
Opinion of 1 December 2009 on a notification for prior checking concerning "EFSA leave management" (Case 2009-455)
EFSA submitted to the EDPS a notification on the processing operations covering the management of all entitlements for annual leave, special leave, sick leave and in general all the related working conditions of Officials, Temporary Agents (TA), Contract Agents (CA) and Seconded National Experts (SNE) at EFSA. Basically, the purpose is to ensure the implementation of the Staff Regulations and the implementing rules on leave & working conditions at EFSA, including implementing provisions concerning absences due to sickness or accidents, and internal administrative guidance.
The analysis of the EDPS leads to the conclusions that the processing is not in breach of Regulation (EC) No 45/2001. However, the EDPS asked the data controller to adapt its notification to the different transfers which are necessary in the context of the implementation of the leave system and to fully implements Article 14 of Regulation (EC) No 45/2001 in the light of the comments made in the Opinion.