Opinion of 24 September 2009 on the notification for prior checking regarding FRA's selection and recruitment of its temporary and contractual agents (Case 2008-589)
The Notification covers the selection and recruitment of FRA's temporary and contractual staff. The recommendations of the EDPS relate, most importantly, to the conservation of the data, rights of access, and information to data subjects. On the first issue, FRA should reconsider the conservation periods to ensure that data are kept no longer than necessary for the purposes initially contemplated. In particular, when data are conserved for budgetary discharge, control and audit purposes, personal data contained in supporting documents shall be deleted where possible when those data are not necessary for these purposes. Special attention should be paid to highly sensitive data such as criminal records. In this regard the EDPS welcomes the commitment of FRA to comply with the recommendations. On the second issue, the rights of access, FRA should ensure that any restrictions in order to preserve the confidentiality of the deliberations of the selection panel must be reconciled with the candidates’ right of access; the EDPS recommends that further efforts should be made to ensure wider access to internal documents. Certain other additional procedural safeguards are also recommended (see Section 3.7). On the third issue, information to data subjects, certain modifications are necessary with respect to some items under Articles 11 and 12 of the Regulation (see Section 3.8). The Director's Decision should also be made available to candidates.
Opinion of 29 April 2008 on a notification for prior checking on the selection procedure of members of the Agency's Scientific Committee (Joint cases 2008-179 and 2008-202)
In accordance with Regulation (EC) 168/2007 establishing the FRA, the Management Board of the Agency shall appoint a Scientific Committee after consultation of the competent Committee at the European Parliament. The FRA has therefore established a selection procedure for the selection of candidates for membership of the Scientific Committee and has submitted it to the EDPS for prior checking during the course of the procedure. Indeed, the shortlist of candidates has been established by the bodies involved in the selection procedure at the FRA (pre-selection panel, Executive Board, and Management Board) and the list of candidates is about to be communicated to the EP LIBE Committee.
The LIBE Committee requests that the Management Board provides the following information to the members of the Committee: a copy of the open call for tender and information on how the call was disseminated; a description of the selection criteria used during the procedure with justification of the selection methodology chosen; the number of applications received, broken down according to a Member State and gender, with information on how many of the applicants were not eligible to apply and a short list of candidates with their applications and CVs.
The LIBE Committee will discuss applications in a LIBE Committee session open to the public. It will then give its opinion about the candidates after receiving the above information by expressing its order of preference in a secret ballot. This opinion will be communicated to the FRA Management Board allowing it to nominate members of the Scientific Committee.
The LIBE Committee intends to make the names of the short listed candidates, their CVs and the results of the vote public based on the consent of the candidates. Non-consent on the part of any of the candidates will lead to the non publication on their data.
The EDPS adopted an opinion on this selection procedure and considered that although it was regrettable that the Notification from the FRA was submitted when the processing was well underway, all recommendations made by the EDPS, should be fully taken into account and the remedies should be put into practice. These recommendations where the following:
- that the FRA clarifies the periods for conservation of personal data; - that the FRA sets up procedures to ensure the right of access to candidates' personal data;
- that the FRA provides information to all the candidates in a privacy notice available on the FRA website and also to short listed candidates before communicating the data to the LIBE Committee;
- that the information on the processing of personal data remains available on the FRA website throughout the procedure in case applicants want to refer back to it;
- that the EP provides certain information on the processing of personal data to candidates when inviting them to attend the hearing before the LIBE Committee.
Avis du 27 avril 2009 sur la notification de contrôle préalable concernant les procédures de sélection des experts nationaux détachés (Dossier 2008-747)
FRA organises and manages the selection process of national experts for secondment 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 (eligibility tests, interviews, 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 FRA has substantially followed all the principles of the Regulation. Nevertheless the EDPS recommended, among others, that FRA:
Opinion of 21 March 2012 on the notification for prior checking on Performance Appraisal, Probation, Career Advancement, Reclassification, as well as Appraisal and Probation of the Director, European Union Agency for Fundamental Rights (Cases 2011-938, 2011-954, 2011-1076 and 2011-1077)
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