Privatsphäre in den EU-Organen

Opinion of 22 June 2009 on the notification for prior checking concerning "Time and absence management" (Case 2009-072)
On 22 June 2009, the EDPS adopted an opinion on time and absence management at the European Center for Disease Prevention and Control (ECDC). The EDPS considers that the processing is lawful to the extent that it is limited to the purpose of time and absence management and that it does not lead to monitor on a regular basis the staff to evaluate personal aspects of the data subject, such as his/her ability, efficiency or conduct. Specific guarantees should be implemented as regards the processing of sensitive data, and in particular the ECDC should ensure that certificates containing medical data are sent by data subjects to an external medical service. The EDPS stresses that the right of an individual to access and rectify personal data concerning him or her should be ensured to all data subjects whom data are processed including trainees and family members, whatever the format in which such data are processed. The EDPS insists that ECDC must determine appropriate periods for the conservation of personal data.

Answer to a notification for prior checking concerning the management of medical certificates (Case 2009-201)

Allgemeiner Bericht betreffend die „Bewertung der Einhaltung der Verordnung (EG) Nr. 45/2001 durch die Einrichtungen und Organen der EU“

Opinion of 17 June 2009 on a notification for prior checking regarding the selection of middle management staff and advisers in the Commission (Case 2008-751)

DG ADMIN organizes and manages the selection process of middle management staff and advisers in the Commission 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 (interviews with pre-selection panel, interview of shortlisted with the Director General and the Rapporteur, in some cases, opinion of the Consultative Committee on Appointments, 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 the DG ADMIN has substantially followed all the principles of the Regulation. Nevertheless the EDPS recommended, among others, that DG ADMIN:

• Ensures that no data related to closed disciplinary proceedings is collected and further processed.
• Reconsiders the storage periods.
• Limits the amount of information transferred during the second phase.
• Provides an information notice to applicants for all middle management and adviser posts, including those published at level AD 9 / AD 14.

Opinion of 16 June 2009 on the notification for prior checking regarding the "recruitment of temporary staff" (Case 2008-695)

On 16 June 2009 the EDPS adopted three opinions on the prior notification of selection procedures for the recruitment of officials, temporary staff and contract staff at the Committee of the Regions.

The EDPS has concluded that the processing operation does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are taken into account. The Committee should, in particular, review its policy on collecting criminal records and birth certificates and on the storage of certain categories of data. The EDPS also stresses the importance of the information to be provided to data subjects in the course of the recruitment procedure and the need to provide access to the data, including the assessments made during the procedure.