|Register Number||Case Number||Institution||Description||Opinion date||Opinion|
Prior-check Opinion on "Administrative inquiry Procedures" at EIB
Prior-checking Opinion regarding the selection of confidential counsellors at the European Investment Bank (case 2017-0136)
Confidential counsellors become active in informal anti-harassment procedures, a topic on which the EDPS has published Guidelines. The selection of such counsellors, in this case by the EIB, is subject to prior-checking by the EDPS because it involves an evaluation of the applicants' ability to perform the function, and possibly processing operations related to health. In the case at hand, the EDPS recommended spelling out the modalities of the procedure leading to the selection of confidential counsellors in rules of normative value, including which information on individual counsellors will be made available and which criteria apply to their selection.
Opinion of 14 October 2010 on a notification for Prior Checking on procedures related to fraud investigations in the EIB Group (Case 2009-0459)
The European Data Protection Supervisor issued a prior check opinion regarding the data processing operations that take place in the context of procedures related to fraud investigations at the European Investment Bank (EIB). The purpose of the processing operation is precisely to investigate credible allegations of fraudulent practices in EIB-financed operations.
The Bank’s Fraud Investigation Division of the EIB (IG/IN) investigates allegations of prohibited practices in accordance with the EIB Anti Fraud procedures. In order to conduct investigations the IG/IN has full access to all relevant personnel information, documents and data, including electronic data within the EIB however no interception of communications and conversations is permitted.
At the term of the investigation, the Head of IG/IN will determine if a complaint or allegation has been substantiated and will refer the case to the relevant authorities within and/or outside the EIB for appropriate action. If, after reasonable investigation, IG/IN determines that a complaint or allegation has not been substantiated, it shall document the findings in a note to the file and close the case.
After closely examining the case, the EDPS made a number of recommendations. Amongst other things, the EDPS requested that the EIB examine the legal basis of the investigations by the EIB; recommended the adoption of a formal protocol for the conduction of computer forensics investigations by the EIB; recommended the harmonization of the conservation periods; and recommended to provide information to data subjects in compliance with Regulation (EC) 45/2001.
Opinion of 21 January 2010 on a notification for prior checking on the processing of personal data in the frame of the management of probationary periods (e-probation) (Case 2009-718)
New staff members and staff transferring to a post in a higher category with a change in function are subject to a probationary period respectively referred to as "recruitment probationary period" and "mobility probationary period". At this end of this period the staff member will be subject to an evaluation by their direct manager.
The EDPS prior checked the evaluation procedure and found that there was no reason to believe that there is a breach of the provisions of Regulation 45/2001 provided that the EIB take special care is taken whenever personal data on sickness, accident or maternity are processed; reconsider the conservation of the Probation Documents in the Peoplesoft data base during the whole career of the staff member in the light of the data protection principles and that information on the processing of personal data as provided for in Regulation (EC) 45/2001 is included in the Guide to staff.
Opinion of 18 November 2009 on the notification for prior checking regarding the "internal mobility" dossier (Case 2009-253)
On 18 November 2009, the EDPS adopted an opinion on the notification for prior checking regarding the internal mobility procedure at the European Investment Bank (EIB). The general purpose of the processing is to select and recruit staff for vacant posts in the EIB via internal transfer.
The EDPS took the view that the processing operation did not appear to involve any breach of the provisions of Regulation (EC) No 45/2001, provided that account was taken of certain recommendations, notably that the EIB fix an appropriate data storage period in the Psoft system; render anonymous data stored for historical, statistical or scientific purposes; explicitly remind recipients, at the time of transfer, to process the data exclusively for the purposes for which they were transmitted. The EDPS has also requested that the data subjects be given full and easily accessible information on the processing of the data in question.