Privacy in the EU Institutions

Opinion of 21 June 2007 on the notification for prior checking regarding ETF's time recording system (Case 2007-209)

The Notification concerns ETF's electronic time recording system. The time recording exercise requires staff members to account for the use of their time spent at work by entering the hours worked and the activity carried out during those hours in a time-keeping database. The system is operated under the management of ETF’s Planning Monitoring and Evaluation Unit ("PMEU"). It is designed to enhance ETF’s capacity to plan, monitor, and account for the deployment of its human resources against strategic and operational planned objectives.

While designed for these purposes, there was a possibility that the database could also be used for performance evaluation. Therefore, the EDPS paid special attention to ensure that a number of his key recommendations are taken into account.  When commenting on the draft EDPS Opinion, ETF already noted that some of these recommendations have already been or will be implemented. Some key recommendations related to data quality and purpose limitation. The EDPS emphasized that the procedures for the exercise must be revised to ensure a higher level of accuracy, reliability, and consistency of the data. Even after such changes are implemented, ETF management must clearly and explicitly recognize the limitations of the reliability of the data to inform decisions that may individually affect data subjects. Therefore, data included in the database should only be used as one of several, only informative, rather than decisive, factors to be considered in the decision-making process. For the same reason, the database, on the individual level, can only be used for purposes directly relevant for the management of a specific project. In particular, the database cannot be used for purposes of performance appraisal, promotion, or assessing contract renewal, and the use of the database should not lead to dismissal, exclusion from contract renewals, promotion, or training opportunities, exclusion when tasks are allocated or team leaders and managers are selected, or to other similar prejudices to staff members. This does not mean that staff members who are unable to account for a productive use of their time cannot be dismissed or excluded when tasks are distributed. However, these decisions must be made based on information other than data in the database.

The EDPS also made important recommendations regarding the recipients. He noted that access to the database must be clearly limited on a need-to-know basis. In particular, access of the head of unit of the PMEU and his staff must not include access to individual data. Conservation periods must also be strictly limited to what is necessary to achieve the purpose of the processing operation. Only aggregate data should be retained for the five-year period provided for in ETF's Financial Regulation. As far as information to data subjects is concerned, the information provided to data subjects must be supplemented with reference to the right of recourse to the EDPS. In addition, communication of the purposes and uses of the database must be improved. The EDPS especially emphasises the importance of clear specification of any limitations on such uses.

Opinion of 14 June 2007 on a notification for prior checking regarding the "Medical Files - Luxembourg" case (Case 2004-203)

• that, in general terms, the EP should undertake a thorough reassessment of the questions put in the questionnaire for the pre-recruitment medical examination and annual medical check-up in the light of the principles of adequacy, relevance and proportionality, for the purposes of judging fitness for service;
• that it should consider the period of storage of medical data in the light of the recommendations made by the EDPS on 26 February 2007
• that the EP introduce a procedure for non-recruited persons in respect of whom medical information has been recorded, so that they too have a right of access under Article 13 of Regulation (EC) No 45/2001;
• that the EPrender data anonymous or, failing that, encrypt them before they are used for historical, scientific or statistical purposes;
• that the EP supplement the information provided in the waiting rooms

Opinion of 14 June 2007 on a notification for prior checking regarding the "Camed-Brussels" (Case 2004-205)

The EDPS carried out a prior check on the activities mentioned by the European Parliament's Medical Service in Brussels and concluded that the proposed processing operation did not appear to infringe the provisions of Regulation (EC) No 45/2001, provided that account was taken of certain recommendations, in particular that the EP should not collect any other data than is necessary to determine fitness for service or to limit guaranteed benefits at the pre-recruitment medical examination; that, in general terms, the EP should undertake a thorough reassessment of the questions posed in the questionnaire for the pre-recruitment medical examination and annual medical check-up in the light of the principles of adequacy, relevance and proportionality, for the purposes of judging fitness for service; that it should consider the period of storage of medical data in the light of the recommendations made by the EDPS on 26 February 2007 in response to the consultation with the Board of Heads of Administration concerning the latter's proposal for a 30‑year storage period for medical documents; that the EP introduce a procedure for non-recruited persons or other persons (visitors, parliamentary assistants, freelances, staff of outside firms, etc.), concerning whom medical information has been recorded so that they too enjoy right of access under Article 13 of Regulation (EC) No 45/2001; and that the EP supplement the information provided in the waiting rooms in particular by giving details on theEuropean Parliament's Intranet site. In addition, this notice could be enclosed with the letter of invitation to the pre-recruitment examination or annual check-up.

Opinion of 13 June 2007 on a notification for prior checking regarding ETF's competence inventory (Case 2006-437)

This opinion is on the "competence inventory" exercise of the European Training Foundation (ETF) was issued. This complex exercise serves to create a very detailed database listing all relevant competences of each employee. It involves self-assessment, peer-review and moderation by a panel to ensure consistency throughout the ETF. The primary purpose is to obtain aggregate data for strategic management purposes such as to identify competence gaps and adjust recruitment and training polices accordingly.

The EDPS concluded that there are doubts on the proportionality of the establishment of the database and the data quality. For these reasons, the EDPS recommended that ETF reconsiders the necessity of carrying out the competence inventory exercise and look for less intrusive alternatives.

In any event, the EDPS insisted that the database should not result in a parallel performance evaluation system and ETF's management must clearly and explicitly recognise the limitations of the reliability of the data to inform decisions that individually affect data subjects, for example, assessment of applications for internal mobility. Therefore, the data should never be used for pre-selection or exclusion, but only as one of several sources to inform decision-making. Similarly, the competence inventory should not be used for performance appraisal, promotion or assessing contract renewal. Moreover, use of the database should not lead to dismissal, exclusion when tasks are allocated or team leaders and managers are selected, or to similar prejudices to staff members.

Opinion of 12 June 2007 on a notification for prior checking concerning the "Financial Irregularities Panel" (Case 2007-139)
By Bureau Decision of 10 March 2004 the European Parliament set up a specialised financial irregularities panel. The role of the panel, which functions independently, is to issue to the Appointing Authority - or, where appropriate, to the authority empowered to conclude contracts of employment - opinions evaluating, in cases which have been referred to the panel, whether financial irregularities have occurred, how serious they are and what their consequences might be.
The main recommendations issued by the EDPS in his opinion on the financial irregularities panel relate to the quality of the data collected, their storage, the relations between the panel and OLAF, and information supplied to data subjects.