1. Last update of this record: 20/11/2023

2. Reference number: 9/2020

Ref. Ares(2024)4290717- 13/06/2024

3. Name and contact details of the controller:

European Ombudsman, 1 avenue du Président Robert Schuman, CS 30403, F-67001 Strasbourg Cedex -

Contact: Directorate for Administration- HR Team

E-mail: eo-ombudsman@ombudsman.europa.eu

4. Name and contact details of the Data Protection Officer:

Dpo-Euro-Ombudsman@ombudsman.europa.eu

5. Name and contact details of the processor: N/A

6. Name and contact details of the joint controller(s):

The European Commission that manages SYSPER, the IT tool used by the EO to process the assessment of the probationary staff members in the EO Office.

E-mail: sg-edomec@ec.europa.eu 

7. Purpose(s) of the processing:

The purpose of processing is to organise the evaluation of officials on probation, temporary staff and contract staff during their probationary period with a view to their possible appointment/dismissal or confirmation/termination of their contract.

Short description of the process:

To carry out the assessment of staff at the end of their probation period, the EO Office is using SYSPER- module “Probationary reports”.

According to Articles 34.1^[1], 44.2^[2] of the Staff Regulations and 14 of the Conditions of Employment of Other Servants^[3] (CEOS), officials, staff appointed to managerial positions and temporary agents need to serve a nine-month probationary period. The probationary period for contract agents depends on the length of their contract (Article 84(1) of the CEOS^[4])[5].

The probation report is drawn up by the probationer and their reporting officer (hierarchical superior of the probationer) and validated by the countersigning officer (hierarchical superior of the reporting officer). This process in entirely carried out using the SYSPER application, where all the information and data are kept.

In the case of a report concluding the dismissal, for officials and contract staff 3a, the Appointing Authority consults the Joint Reports Committee. The Committee shall issue an opinion that shall be communicated to the person concerned and to the Appointing Authority.

The probationary period may be extended under Art.34 of the Staff Regulations or Art.14 or 84 of the CEOS where the jobholder is prevented from performing his duties due to the sickness, maternity or parental leave. The Appointing Authority (EO) will be informed of the underpinning ground for the extension of the probationary period and may process related data.

The legal basis for the processing are Articles 34 and 44(2) of the Staff Regulations, Articles 14 and 84(1) of the Conditions of employment of other servants and the General provisions governing the conditions of employment of contract staff employed by the European Ombudsman.

8. Description of the categories of data subjects and of the categories of personal data:

- Categories of data subjects:

Officials, temporary and contract agents of the EO Office.

- Categories of personal data:

- name, personnel number, id number, assignment, office address, home address where the person is not in office for any reason (sick leave, parental leave, etc.), function group, grade, year of birth, date of entry into service in the EO, date of last promotion, latest data on mobility; job description, objectives, probationary report, annual appraisal reports, working pattern, time-sheets, contract and any extension of the probation period.

- Data relating to possible absences of the probationer and whose processing is necessary to extend the probationary period in accordance with the Staff Regulations and the CEOS: absence for medical reasons, maternity, parental, family leave, illness or accident.

9. Time limit for keeping the data and, where possible, for erasure:

The probationary report, decision of appointment/dismissal or confirmation/termination are kept in SYSPER and in the personal file tool NDP

In accordance with the common Commission-level retention list Ares(2019)437452, the retention period applicable to the assessment of the probationary staff members in the EO Office kept in the relevant NDP is at least 100 years after the recruitment of the person concerned and 8 years after the termination of the rights of the beneficiaries concerned.

10. Recipients of the data:

The hierarchical superiors of the relevant staff member (Head of Unit; Director; the Secretary General; and the Ombudsman as applicable), the staff members of HR team in charge of handling appointments or contracts, the Staff Reports Committee when necessary[6], the Director for Administration, and the Head of HR team.

Payroll services (PMO) receive the decision of the Appointing Authority.

11. Are there any transfers of personal data to third countries and/or to International Organisations? N/A

12. General description of security measures:

The forms in paper (for staff recruited before the deployment of SYSPER application module) are stored in the staff members’ personal files in a locked safe accessible only to HR team members responsible for handling appointments or contracts.

The forms in electronic version are stored on SYSPER.

Access is limited to staff members of the HR Team on a need to know basis (Head of HR Team and the relevant HR staff members).

13. Information on how data subjects can exercise their rights of access and rectification, and where applicable, of erasure, restriction and data portability:

Data subjects have the right of access to their own personal data and to relevant information concerning how the EO uses it. They have also a right to request rectification of any incomplete or inaccurate data concerning them. Any request to access or rectify inaccurate or incomplete data may be made by email to the Director of Administration. A request to amend personal details can be dealt with at any stage. However, data used as a basis for the decision of the Appointing Authority (for example, the appraisal on the various evaluation criteria) cannot be modified after the decision has been signed.

Data subjects have a right to object to the use of their data by the EO on grounds relating to their particular situation, at any time. Under certain conditions, they have the right to ask that the EO delete their personal data or restrict its use.

At any time, data subjects may ask the EO information concerning the processing of their personal data by e-mail (eo@ombudsman.europa.eu). Requests from data subjects shall be dealt within one month. Data subjects may also contact the office’s Data Protection Officer at : dpo-eo-ombudsman@ombudsman.europa.eu If they wish to complain about the Ombudsman’s handling of their personal data, they may contact the European Data Protection Supervisor (www.edps.europa.eu) at the following address: EDPS@edps.europa.eu

Privacy Statement relating to the assessment of probationary staff in the European Ombudsman’s Office

Ref. Ares(2024)4290717- 13/06/2024

This privacy statement explains the reason for the processing, the way the European Ombudsman (EO) collects, handles and ensures protection of all personal data provided, how that information is used and what rights the candidates may exercise in relation to their data.

The data controller is the European Ombudsman (EO). The joint controller is the European Commission that manages SYSPER, the IT tool used by the EO to manage the forms.

1. What personal data will the European Ombudsman process?

We process the following personal data of the staff members on probation periods in the EO Office:

• name, personnel number, id number, assignment, office address, home address where the person is not in office for any reason (sick leave, parental leave, etc.), function group, grade, year of birth, date of entry into service in the EO, date of last promotion, latest data on mobility; job description, objectives, probationary report, annual appraisal reports, working pattern, time-sheets, contract and any extension of the probation period.
• Data relating to possible absences of the probationer and whose processing is necessary to extend the probationary period in accordance with the Staff Regulations and the Conditions of Employment of Other Servants: absence for medical reasons, maternity, parental, family leave, illness or accident.

2. Why does the European Ombudsman process these personal data?

The purpose of the processing is to assess the performance of staff members at the end of their probation period and to confirm or not their appointment (as officials) or their status (as temporary agents).

3. What are the legal bases and necessity for processing this data?

The processing is necessary on the basis of Article 5(1) (a) of the Regulation (necessary for the performance of tasks in the public interest attributed by EU or Member states legislation). It is also necessary on the basis of Article 5(1) (b) of the Regulation (necessary for compliance with legal obligation incumbent on controller).

The legal basis for the processing are Articles 34 and 44(2) of the Staff Regulations, Articles 14 and 84(1) of the Conditions of employment of other servants.

4. Who is responsible for processing the data?

The EO is responsible for processing the data. Data is processed more specifically by the Directorate for Administration- HR team.

5. Who will be recipients of the data?

The hierarchical superiors of the relevant staff member (Head of Unit; Director; the Secretary General; and the EO, as applicable), the staff members of HR team in charge of handling appointments or contracts, the Staff Reports Committee as applicable, the Director for Administration, and the Head of HR Team.

6. How long will the data be kept?

The probationary report, decision of appointment/dismissal or confirmation/termination are kept in SYSPER and in the personal file tool NDP

In accordance with the common Commission-level retention list Ares(2019)437452, the retention period applicable to the assessment of the probationary staff members in the EO Office kept in the personal file NDP of the relevant staff member at least 100 years after the recruitment of the person concerned and 8 years after the termination of the rights of the beneficiaries concerned.

7. How do we protect your data?

Data is collected for the sole purpose of the assessment of the staff members serving a probationary period.

The forms in paper are stored in the staff members’ personal files in a locked safe, accessible only to HR staff members responsible for handling appointments or contracts. The forms in electronic version are stored on SYSPER.

Access is limited to staff members of the Directorate for Administration- HR team on a need to know basis (Head of HR Team and the relevant HR staff members).

8. What are your rights and how can you exercise them?

You have the right of access to your own personal data and to relevant information concerning how the EO uses it. You have also a right to request rectification of any incomplete or inaccurate data concerning you. Any request to access or rectify inaccurate or incomplete data may be made in an email to the Directorate for Administration- HR team.

A request to amend personal details can be dealt with at any stage. However, data used as a basis for the decision of the Appointing Authority cannot be modified after the decision has been signed.

You have a right to object to the use of the data by the EO on grounds relating to your particular situation, at any time. Under certain conditions, you have the right to ask that the EO delete their personal data or restrict its use.

The EO will reply to the requests as soon as possible and within one month at the latest.

9. Who to contact in case of queries or complaints concerning data protection issues?

At any time, data subject may send data protection related questions concerning the relevant procedure, at the following address:

Directorate for Administration-HR Team

European Ombudsman

1 avenue du Président Robert Schuman

CS 30403

F-67001 Strasbourg Cedex

eo@ombudsman.europa.eu

They also may contact the Data Protection Officer of the European Ombudsman at the following address: DPO-Euro-Ombudsman@ombudsman.europa.eu

They may lodge a complaint with the European Data Protection Supervisor at any time at the following address: EDPS@edps.europa.eu

 

 

[1] Article 34 (1) SR: “Officials shall serve a nine-month probationary period before they can be established. The decision to establish an official shall be taken on the basis of the report referred to in paragraph 3 as well as on the basis of elements available to the appointing authority relating to the probationer's conduct with regard to Title II.”

[2] Article 44.2 SR: “If an official is appointed head of unit, director or director-general in the same grade, and provided that his performance has been satisfactory within the meaning of Article 43 during the first nine months following his appointment (...)”.

[3] Article 14 of the CEOS: “A member of the temporary staff shall serve a nine-month probationary period”.

[4] see Article 84(1) CEOS: “A contract staff member whose contract is concluded for a duration of at least one year shall serve a probationary period for the first six months of his period of employment if he is in function group I and the first nine months if he is in any other function group.”

[5] Similarly, in accordance with Articles 14 and 84 of the CEOS, a member of the temporary staff shall be required to complete a probationary period of nine months and a member of the contract staff whose contract is concluded for a period of at least one year shall serve a probationary period for the first six months of his service if he is in function group I and the first nine months if he is in any other function group. Temporary staff and contract staff shall also be the subject of a report on their ability to perform the duties assigned to them by their duties, as well as their return and conduct in the service.

[6] see Article 34.3. paragraph 2 of the Staff Regulations