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Privatsphäre in den EU-Organen

Die Verordnung (EU) 2018/1725 legt die Datenschutzverpflichtungen für die Organe, Einrichtungen und Agenturen der EU fest, wenn sie personenbezogene Daten verarbeiten und neue Strategien entwickeln. Darüber hinaus führt die Verordnung die Pflichten des EDSB auf. Diese umfassen seine Aufgaben als unabhängige Kontrollbehörde für die Organe und Einrichtungen der EU, wenn diese personenbezogene Daten verarbeiten, die Beratung zu politischen Maßnahmen und Rechtsvorschriften, die sich auf den Schutz der Privatsphäre auswirken, und die Zusammenarbeit mit vergleichbaren Behörden zur Gewährleistung eines kohärenten Datenschutzes.

Hier finden sich die EDSB-Dokumente über Privatsphäre und Datenschutz in Bezug auf die Verarbeitung personenbezogener Daten durch die Einrichtungen und Organe der EU, z. B. bei Mitarbeiterbewertung, Akkreditierung externer Besucher oder Zugangskontrolle.

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19
Oct
2007
Opinions Prior Check and Prior Consultations

Mutual assistance exchanges - OLAF

Opinion of 19 October 2007 on a notification for prior checking on mutual assistance exchanges (Case 2007-202)

OLAF assists competent authorities in the Member States of the EU referred to in Council Regulation (EC) 515/97 in preventing, investigating and prosecuting violations of customs or agricultural legislation and to enhance the effectiveness of the cooperation among Member States and between them and the European Commission. For this purpose, competent authorities of Member States communicate and exchange anti-fraud information with each other and with the Commission [OLAF]. Anti-fraud information is also exchanged with Third countries under Mutual Assistance Agreements. These exchanges are made by means of the mailing applications of OLAF Anti-Fraud Information System (AFIS) and are organised via the use of screens, called modules, which are designed to cover a specific type of information regarding a particular area of movement of goods and/or means of transport. Three main categories of stakeholders are involved in the processing operation whose personal data therefore are processed: the persons concerned by the investigation or prosecution, the providers of information to the system and the recipients of the information (both of these latter can be OLAF agents or individuals in Member States authorities). The personal data processed concerns identification data, professional data, financial data, case involvement and criminal record data.
 

After examining the details of the processing operation, the EDPS made several recommendations, which concern, among others, the data quality principle, transfers of personal data, right of access and rectification and the restriction of those rights and the information that should be supplied to data subjects.

Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Investigations
19
Oct
2007
Opinions Prior Check and Prior Consultations

Flexitime at DG INFSO - Commission

Opinion of 19 October 2007 on a notification for prior checking on the implementation of flexitime specific to DG INFSO (Case 2007-218)

Within the general framework of Time management regulated by the "SYSPER 2 Time management system", DG INFSO added to the application of Flexitime an additional and important component in the element of a RFID chip integrated in the personal badge necessary to clock in and out. The inclusion of such a technology into a flexitime system thus reinforces the specific risks already present in the system. Therefore, the EDPS considered the case as such subject to prior checking.
 
In his analysis, the EDPS concluded that the system does process personal data because the data relate to natural persons who are identifiable, for instance by the use of names, personal numbers. Furthermore, the EDPS analysed closely the necessity test applied to the system and concluded that there was not a specific need to develop a badging system using RFID to implement a flexitime system, as the same purpose (management of working hours) could be reached by other, less intrusive, means.  However, the EDPS also accepted that "need" does not mean that it is unavoidable but that it can be considered reasonably necessary in the specific context for fulfilling the purpose aimed at. Therefore, a margin of appreciation is left at the discretion of the administration in deciding to implement this system using RFID. If the safeguards and proportionality are present, it can be considered that such a system fulfils the conditions of need.
 

In his conclusions, the EDPS required several modifications of the planned system regarding security aspects by introducing an interim solution, as well as concerning the drafting of the privacy statement, some organisational measures and the data subjects concerned.

Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Working Conditions
17
Oct
2007
Opinions Prior Check and Prior Consultations

Financial irregularities - Court of Justice

Opinion of 17 October 2007 on a notification for prior checking concerning the "Financial Irregularities Panel" (Case 2007-433)
The processing operation is designed to enable the Financial Irregularities Panel to give an opinion evaluating whether a financial irregularity has occurred, and if so, how serious it is and what role was played by the persons involved in the events on which its opinion is sought and, where appropriate, what its consequences might be.

The EDPS considers that the proposed processing does not appear to be in breach of the provisions of Regulation (EC) No 45/2001 provided that it must be ensured that the data collected are relevant and adequate for the purpose of the referral to the Panel; that provision must be made to state that, if processing for historical, statistical or scientific use is envisaged in the future, the Panel will ensure that the data are rendered anonymous in compliance with Article 4(1)(e); and that the information notice available on the Intranet contains a clear reference to Article 11(d) (whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply).

Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Staff Evaluation
17
Oct
2007
Opinions Prior Check and Prior Consultations

Disciplinary proceedings and administrative investigations - Ombudsman

Opinion of 17 October 2007on the notification for prior checking regarding the "disciplinary proceedings and administrative investigations" dossier (Case 2007-413)

The European Ombudsman has adopted general implementing provisions (GIP) governing disciplinary proceedings and administrative investigations relating to disciplinary proceedings and they became applicable as from 1 May 2004.

The EDPS has examined the personal data processing and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that a number of recommendations are taken into account, specifically that: a general instruction is adopted to ensure that only adequate and necessary data are processed in the course of administrative investigations and disciplinary proceedings; a procedure is clearly established for the conduct of any tapping of electronic communications; anyone receiving and processing data in the context of an administrative investigation or disciplinary proceedings within the European Ombudsman's Office processes them solely within the framework of administrative investigations or disciplinary proceedings; the period of storage of data in the personal file and in the disciplinary file is reviewed in the light of Article 4(1)(e) of the Regulation; right of access and right of rectification are also granted to all persons mentioned in the investigation report or disciplinary file, within the limits of the exemptions set out in Article 20; and provision is made for the supply of general information on the processing of personal data in the context of administrative investigations and disciplinary proceedings and for the supply of specific information on the processing of data in the context of a specific administrative investigation or specific proceedings within the limits of Article 20 of Regulation No 45/2001.

Verfügbare Sprachen: Englisch, Französisch
Topics
Privacy in the EU Institutions
Investigations
Staff Evaluation
Conflicts of Interest