Commission Decision (EU) 2022/121 of 27 January 2022 laying down internal rules concerning the provision of information to data subjects and the restriction of certain of their rights in the context of processing of personal data for the purposes of handling requests and complaints under the Staff Regulations

• CELEX: Decision (EU) 2022/121
• Articles: 10

Article 1 Subject matter and scope

1.   This Decision lays down the rules to be followed by the Commission to inform data subjects of the processing of their personal data in accordance with Articles 14, 15 and 16 of Regulation (EU) 2018/1725 when handling requests and complaints under the Staff Regulations.

It also lays down the conditions under which the Commission may restrict the application of Articles 4, 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725, in accordance with Article 25(1), points (b), (c), (g) and (h) thereof.

2.   This Decision applies to the processing of personal data by the Commission for the purposes of the handling of requests and complaints pursuant to Articles 22c and 24 and Article 90(1) and (2) of the Staff Regulations.

3.   The categories of personal data covered by this Decision include identification, contact and behavioural data as well as special categories of personal data within the meaning of Article 10(1) of Regulation (EU) 2018/1725.

Article 2 Applicable exceptions and restrictions

1.   Where the Commission exercises its duties with respect to data subjects’ rights under Regulation (EU) 2018/1725, it shall consider whether any of the exceptions laid down in that Regulation apply.

2.   Subject to Articles 3 to 7, where the exercise of the rights and obligations provided for in Articles 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725 in relation to personal data processed by the Commission would undermine the grounds listed in Article 25(1), points (b), (c), (g) or (h) of that Regulation, the Commission may restrict the application of:

(a)

Articles 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725; and

(b)

The principle of transparency laid down in Article 4(1), point (a), of Regulation (EU) 2018/1725 insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19 and 20 of that Regulation, in order to safeguard the prevention, investigation, detection and prosecution of criminal offences, which requestors, complainants or witnesses report to the competent services of the Commission, in relation to the person concerned by allegations of harassment or other inappropriate behaviour or attacks.

3.   Paragraphs 1 and 2 shall be without prejudice to the application of other Commission decisions laying down internal rules concerning the provision of information to data subjects and the restriction of certain rights under Article 25 of Regulation (EU) 2018/1725.

4.   Any restriction of the rights and obligations referred to in paragraph 2 shall be necessary and proportionate taking into account the risks to the rights and freedoms of data subjects.

5.   Before restrictions are applied, the Commission should carry out a ‘case-by-case’ assessment of their necessity and proportionality. Restrictions shall be limited to what is strictly necessary to achieve their objective.

Article 3 Provision of information to data subjects

1.   The Commission shall publish on its website a data protection notice that informs all data subjects of its activities involving processing of their personal data for the purpose of handling requests and complaints under the Staff Regulations.

2.   The Commission shall individually inform, by appropriate means, requestors and complainants, the persons concerned, as well as witnesses requested to provide information in relation to such requests or complaints, about the processing of their personal data.

3.   Where the Commission restricts in accordance with Article 2, wholly or partly, the provision of information referred to in paragraph 2 to the persons concerned, whose personal data are processed for the purpose of handling requests and complaints under the Staff Regulations, it shall record and register the reasons for the restriction in accordance with Article 6.

Article 4 Right of access by data subjects, right of erasure and right to restriction of processing

1.   Where the Commission restricts, wholly or partly, the right of access to personal data by data subjects, the right of erasure, or the right to restriction of processing as referred to in Articles 17, 19 and 20, respectively, of Regulation (EU) 2018/1725, it shall inform the data subject concerned, in its reply to the request for access, erasure or restriction of processing:

(a)

of the restriction applied and of the principal reasons therefor;

(b)

of the possibility of lodging a complaint with the European Data Protection Supervisor or of seeking a judicial remedy in the Court of Justice of the European Union.

2.   The provision of information concerning the reasons for the restriction referred to in paragraph 1 may be deferred, omitted or denied for as long as it would cancel the effect of the restriction.

3.   The Commission shall record the reasons for the restriction in accordance with Article 6.

4.   Where the right of access is wholly or partly restricted, the data subject may exercise his or her right of access through the intermediary of the European Data Protection Supervisor, in accordance with Article 25(6), (7) and (8) of Regulation (EU) 2018/1725.

Article 5 Communication of personal data breaches to data subjects

Where the Commission restricts the communication of a personal data breach to the data subject, as referred to in Article 35 of Regulation (EU) 2018/1725, it shall record and register the reasons for the restriction in accordance with Article 6. The Commission shall communicate the record to the European Data Protection Supervisor at the time of the notification of the personal data breach.

Article 6 Recording and registering of restrictions

1.   The Commission shall record the reasons for any restriction applied pursuant to this Decision, including an assessment of the necessity and proportionality of the restriction, taking into account the relevant elements set out in Article 25(2) of Regulation (EU) 2018/1725.

2.   The record shall state how the exercise of the right by the relevant data subject would undermine one or more of the applicable grounds listed in Article 25(1), points (b), (c), (g) and (h) of Regulation (EU) 2018/1725.

3.   The record and, where applicable, the documents containing underlying factual and legal elements shall be registered. They shall be made available to the European Data Protection Supervisor on request.

Article 7 Duration of restrictions

1.   Restrictions referred to in Articles 3, 4 and 5 shall continue to apply as long as the reasons justifying them remain applicable.

2.   Where the reasons for a restriction referred to in Article 3, 4 or 5 no longer apply, the Commission shall lift the restriction.

3.   It shall also provide the principal reasons for applying that restriction to the data subject and inform him or her of the possibility of lodging a complaint with the European Data Protection Supervisor at any time or of seeking a judicial remedy in the Court of Justice of the European Union.

4.   The Commission shall review the application of the restrictions referred to in Articles 3, 4 and 5 when it replies to requests submitted under Articles 22c and 24 and Article 90(1) of the Staff Regulations, and to complaints, submitted under Article 22c and Article 90(2) of the Staff Regulations, or, when such requests or complaints are closed, whichever is the earlier. Thereafter, the Commission shall monitor the need to maintain any restriction on an annual basis. The review shall include an assessment of the necessity and proportionality of the restriction, taking into account the relevant elements set out in Article 25(2) of Regulation (EU) 2018/1725.

Article 8 Safeguards and storage periods

1.   The Commission, respectively the Appeals and Case Monitoring Unit of DG HR shall implement safeguards to prevent abuse and unlawful access to or transfer of personal data in respect of which restrictions apply or could be applied. Such safeguards shall include technical and organisational measures such as:

(a)

a clear definition of roles, responsibilities, access rights and procedural steps;

(b)

a secure electronic environment to prevent unlawful or accidental access to or transfer of electronic data to unauthorised persons;

(c)

a secure storage and processing of paper documents limited to what is strictly necessary to achieve the purpose of processing;

(d)

due monitoring of restrictions and a periodic review of their application. The reviews referred to in point (d) shall be conducted at least every six months.

2.   Restrictions shall be lifted as soon as the circumstances justifying them no longer apply.

3.   The personal data shall be retained in accordance with the applicable Commission retention rules, to be defined in the records kept under Article 31 of Regulation (EU) 2018/1725. At the end of the retention period, the personal data shall be deleted, anonymised or transferred to the archives in accordance with Article 13 of Regulation (EU) 2018/1725.

Article 9 Review by the Data Protection Officer of the Commission

1.   The Data Protection Officer of the Commission shall be informed, without undue delay, whenever data subjects’ rights are restricted in accordance with this Decision. Upon request, the Data Protection Officer shall be provided with access to the record and any documents containing underlying factual and legal elements.

2.   The Data Protection Officer may request a review of the restriction. The Data Protection Officer shall be informed in writing of the outcome of the requested review.

3.   The Commission shall document the involvement of the Data Protection Officer in each case where the rights and obligations referred to in Article 2(2) are restricted.

Article 10 Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .