Commission Decision (EU) 2024/1245 of 2 May 2024 laying down internal rules concerning the provision of information to data subjects and the restrictions of certain of their rights by the Commission in the context of the activities of the Mediation Service
Subject-matter and scope
1. This Decision applies to the processing of personal data by the Commission as controller for the purpose of handling requests under Article 6 of Decision C(2024) 1420 .
2. This Decision lays down the rules to be followed by the Commission to inform the 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 under Article 6 of Decision C(2024)1420.
3. 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), point (h) thereof.
4. The categories of personal data covered by this Decision include identification data, contact information, information about professional roles and tasks, information on private and professional conduct and performance. The requestors may also provide sensitive categories of personal data referred to in Articles 10 and 11 of Regulation (EU) 2018/1725 in the context of requesting the assistance of the Mediation Service in a specific case.
Applicable restrictions
1. Subject to Articles 3 to 9 of this Decision, the Commission may restrict the application of Articles 14 to 17, 19, 20 and 35 of Regulation (EU) 2018/1725, as well as the principle of transparency laid down in Article 4(1), point (a), of that Regulation insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19, 20 and 35 of that Regulation. The Commission may do so where the exercise of those rights and obligations would adversely affect the protection of the data subject or the rights and freedoms of others in line with Article 25(1), point (h) of that Regulation.
2. Paragraph 1 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.
3. Any restriction of the rights and obligations referred to in paragraph 1 shall respect the essence of fundamental rights and freedoms and be necessary and proportionate in a democratic society taking into account the risks to the rights and freedoms of data subjects.
4. Before restrictions are applied, the Commission shall 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.
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 under Article 6 of Decision C(2024)1420. The notice shall also provide information on the potential to restrict data subjects’ rights pursuant to Articles 2, 3, 4 and 5 of this Decision, as well as which rights may be restricted, the grounds on which restrictions may be applied and their potential duration.
2. The Commission shall individually inform, by appropriate means, requestors about the processing of their personal data. The Commission shall also individually inform, by appropriate means, the person concerned where the requestor consented to an informal mediation with the person concerned.
3. Where, in accordance with Article 2, the Commission restricts, wholly or partly, the provision of information referred to in paragraph 2 to the requestors, whose personal data are processed for the purpose of handling requests under Article 6 of Decision C (2024)1420, it shall record and register the reasons for the restriction in accordance with Article 6 of this Decision.
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 writing and without undue delay, in its reply to the request for access, erasure or restriction of processing:
(a)
of the restriction applied and of the principal reasons therefor; and
(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 their 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.
Communication of personal data breaches to data subjects
Where the Commission is under an obligation to communicate a personal data breach to the data subject, as referred to in Article 35 of Regulation (EU) 2018/1725, it may, in exceptional circumstances, restrict such communication wholly or partly. It shall record and register the reasons for the restriction in accordance with Article 6 of this Decision. The Commission shall communicate the record to the European Data Protection Supervisor at the time of the notification of the personal data breach.
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 risks to the rights and freedoms of data subjects of imposing a restriction and 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 adversely affect the protection of the data subject or the rights and freedoms of others under Article 25(1), point (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.
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 Articles 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 them 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 of this Decision when the requestor provides their consent to engage in informal mediation with the person concerned or at the latest when requests submitted under Decision C(2024)1420 are closed. Thereafter, the Commission shall monitor the need to maintain any restriction every 6 months. 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.
Safeguards and storage periods
1. The Commission 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 and be detailed as necessary in the Commission’s internal procedures. The safeguards shall include:
(a)
a clear definition of roles, responsibilities, access rights and procedural steps;
(b)
a secure electronic environment which prevents unlawful and accidental access or transfer of electronic data to unauthorised persons;
(c)
a secure storage and processing of paper-based documents; and
(d)
due monitoring of restrictions and a periodic review of their application.
2. The personal data shall be retained in accordance with Article 6(11) of Decision C (2024)1420. At the end of the retention period, the Commission shall delete the personal data.
Involvement of the data protection coordinator and of the data protection officer of the Commission
1. The data protection coordinator appointed to advise the Commission department concerned shall be consulted before any restrictions are applied and verify their compliance with this Decision.
2. Without prejudice to paragraph 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 given access to the associated records and any documents containing the underlying factual and legal elements.
3. The data protection officer may request a review of the application of a restriction. The Commission shall inform the data protection officer in writing of the outcome of the requested review.
4. The Commission shall document the involvement of the data protection officer and, where applicable, the data protection coordinator (including what information is shared with them), in each case where the rights and obligations referred to in Article 2(2) are restricted.
Entry into force
This Decision shall take effect on the twentieth day following that of its publication in the Official Journal of the European Union.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
