Recruitment

Opinion of 22 April 2009 on the notification for prior checking regarding "Junior Experts in Delegation" (Case 2008-754)

The purpose of the processing operation in this case is to examine the eligibility of candidates put forward by the Member States for the Junior Experts in Delegation (hereinafter "JED") programme, select JEDs, determine who will be offered a posting to a delegation, ensure proper implementation of all aspects of their two-year contract and evaluate their performance in discharging their duties within the delegation. This processing operation therefore falls within the scope of the prior checking procedure within the meaning of Article 27(2)(b) of Regulation (EC) No 45/2001.

Any person who submits an application for a JED post, any referees named by applicants or any person indicated by the JED as the person to contact in the event of an accident/emergency and, where applicable, the JED's spouse.

In its recommendations, the EDPS emphasised inter alia that the Commission should:

• reword as soon as possible the sentence on the candidates' right of appeal against the decision of the selection panel, in order to indicate more clearly the available channels and procedures for appeal;
• remove the requirement to submit a photograph with the application form without prejudice to the formal identification of the data subject at a later stage in the selection process; 
• indicate that the sentence "Other elements to be taken into consideration" on the application form is optional and reword it so that it specifies that the information provided should be strictly relevant to the candidate's university and professional career;
• insert a note in both the application form and in the information sheets stating that the data subjects themselves should inform their referees, the persons to be contacted in the event of an emergency and their spouses that their data might be processed in the course of the processing operation.

Opinion of 30 March 2009 on the notification for prior checking regarding structural trainees (Case 2008-760)

Opinion of 20 February 2009 on a notification for prior checking regarding the engagement and use of temporary agents (Case 2008-315)

The CPVO engages long term and short-term temporary agents (TAs) for certain tasks. Personal data of applicants are used and processed during the recruitment procedure of temporary agents in order to evaluate and select the candidates for vacant TA posts. According to the internal Decision on TAs, the selection procedure for recruiting TAs for vacant posts in the CPVO can be carried out in two ways: firstly, upon request of the CPVO, the European Personnel Selection Office (EPSO) organises a selection procedure following the same standards as for competitions for officials, and secondly the CPVO itself can also organise the selection procedure. In the second case, the CPVO requests the candidates to submit the application form and various supporting documents and sets up a Selection Committee to assess the competences and knowledge of the candidates.

As a result of scrutinising the selection process from a data protection perspective, the EDPS made a number of recommendations, among those on the handling of personal information collected in the application process, on the data retention period, revision of the text and display of privacy statement.

Answer to a notification for prior checking concering spontaneous applications (Case 2008-779)

Opinion of 5 December 2008 on a notification for prior checking on trainee recruitment (Case 2008-196)
The European Centre for the Development of Vocational Training (Cedefop) put in place a processing operation to recruit trainees. The purpose of the processing operation is to recruit trainees and give them a general idea of the objectives and problems associated with the development of initial and continuing professional training within the framework of European Institutions. The EDPS made several recommandations. The Cedefop should establish a shorter conservation period for the unsuccessful applicants establish a conservation period for the copy of the traineeship certificate. The right of access and rectification to the assessment report or other administrative documents should also be ensured to the trainees and the new rules on trainees recruitment that will be adopted soon by the Cedefop should be in compliance with the Regulation 45/2001 and in particular with the recommendations made the EDPS in his Opinion.