Privacy in the EU Institutions

Opinion of 18 November 2008 on the notification for prior checking regarding the "management of individual medical files - Brussels, Luxembourg" case (Case 2004-225)

The opinion of the EDPS concerns the management of medical files by the European Commission. The medical service manages numerous medical files arising from a variety of medical activities to monitor the health of staff and fulfil its obligations to staff under the Staff Regulations.

After thorough analysis in the light of Regulation (EC) No 45/2001, the EDPS has concluded that the processing proposed does not involve any breach of the provisions of Regulation (EC) No 45/2001 provided, in particular, that the Commission:

• Adopts the pre-employment medical examination form as  adopted by the Interinstitutional Medical Board;
• States on the annual medical check up form that there is no obligation to take the HIV test;
• Reviews the annual medical check-up form that records the results of the physical examination and the list of tests required in the light of the principles of adequacy and proportionality;
• Adopts as a point of good practice the principle that the results of medical examinations carried out by a doctor chosen by the data subject will be passed on to the Commission medical service only with the freely given and informed consent of the employee;
• Sets a limited period for storing data on persons who are not recruited;
• Introduces a data access procedure for persons not recruited or others (temporary staff, private employees and scholarship holders working at the Commission in Luxembourg and in the JRCs) in respect of whom medical information has been recorded and who are also entitled to access under Article 13 of Regulation (EC) No 45/2001.

Avis du 12 novembre 2008 sur la notification de conctrôle préalable concernant le recrutement de directeurs (Dossier 2008-435)
OHIM organises and manages the selection process of managers in order to select the best suited candidates for a particular position (internal and candidates). The data processing operations towards the selection of candidates are carried out by the Selection Committee, by its Secretariat and by the Internal Mobility and Recruitment of Managers Section of the Human Resources Department. The Prior Check Opinion gives recommendations to ensure full compliance with Regulation 45/2001, in particular, among others, it suggests that OHIIM (I) sets up a procedure for providing access rights; (II) Updates the processor contract to reflect the application of national law to the security measures that must be implemented by processors; (III) Amends the privacy policy and uploads it in a visible place on web site.

Answer to a notification for prior checking regarding "ZEUS - Flexitime at the JRC-ITU Karlsruhe" (Case 2008-486)

Avis du 11 novembre 2008 sur la notification de contrôle préalable à propos de la base de données d'experts (Dossier 2008-455)

Opinion of 11 November 2008 on a notification for prior checking on the procedure in the event of absence owing to illness or accident (Cases 2008-271 et 2008-283)

At the Council, absences owing to illnesses are managed by a specific Medical Absences Management Department, responsible for officials, temporary staff, contract staff and detached national and military experts working at the Council.  Various data processing operations are carried out by this department, for the purpose of ensuring compliance with all statutory and other regulations concerning absence owing to illness or accident and to prevent unjustified medical absences (obtaining medical certificates, checking medical absences, etc.).

The EDPS has examined the processing of personal data in the context of the management of absences owing to illness and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are followed, and in particular that the department responsible for the processing changes the data retention period, puts in place a procedure to be followed in respect of applications for access to or rectification of data and informs data subjects in accordance with Articles 11 and 12 of the Regulation.