EDPS-DPOs meetings

In October 2013, the EDPS was notified of a data security breach involving unauthorised access to an EU Agency database which is operated by an external contractor. This database contained the names and email addresses of approximately 70 individuals. The Agency asked the EDPS for advice on how best to handle this breach, and has now implemented all our suggested remedial measures. These included carrying out a full investigation with the contractor, implementing amendments to the contract, and notifying affected data subjects.

Some EU institutions may already have their own rules in place about reporting security breaches to the relevant internal departments. Whilst we welcome this type of proactive approach, we are presently unable to provide a direct or definitive instruction on any obligations to notify security breaches to the controller or the EDPS, under current data protection law. However, the contractual changes that the Agency has implemented in this particular case indicate a positive and practical approach to data breach management, by obligating contractors to promptly notify any such breaches to the controller. This will enable the Agency to deal with any future incident in a timely and effective manner.

Reply to the update of notification on the CDR at the European Commission - further use of an unsatisfactory CDR for blocking advancement in step – 2013 review of the Staff Regulations

The modification of the Staff Regulations may imply certain changes to existing administrative decisions or the adoption of new administrative rules.
In this regard we would like to remind you of our policy on consultations which provide that in principle it is the DPO who is to be involved in the revision of administrative decisions unless there is a novel or complex issue.

As for prior check notifications, we would like to use this occasion to remind you of the procedure for an update of an existing notification (preferably one clean version and a mark-up version indicating the changes). Such an update only needs to be made in case of a change with regard to the protection of personal data. There should also be a cover letter from the DPO describing the main changes.

As presented on the occasion of the last DPO meeting, the EDPS is currently considering options regarding the information to be provided to third parties mentioned in complaints (as a reminder, please see the illustration slide attached). Such information is important as it guarantees the fairness of the processing, a concept which is broader than the mere right of defence. It raises the issue of the concept of personal data, the definition of processing, the limits of Article 12 and the restrictions provided in Article 20. It is also very relevant for us in any complaint handling work – including the complaint handling work of your institution/body!

Please help us to find a "pragmatism by design" approach to the topic and signal your interest in participating in an EDPS Working Group on the issue to ute.kallenberger@edps.europa.eu

34th Meeting of the Data Protection Officers and the European Data Protection Supervisor – Brussels, 21-22 November 2013