Expert Hearing on Data Protection Legislation and ESF Reporting

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Presentation transcript:

Expert Hearing on Data Protection Legislation and ESF Reporting Brussels, 10 March 2011

Structure of the presentation 1. Introduction 2. Legal basis 3. Personal vs. sensitive data 4. Data collection and processing 5. Use of data for evaluation purposes 6. Conclusion

1. Introduction On 10 March 2011, DG EMPL organised an Expert hearing on data protection legislation and ESF reporting MS invited: Czech Republic, Germany, Hungary, Poland, Romania, Spain, Sweden and UK Participants: national data protection experts, representatives of the ESF Managing Authorities, representatives of the European Data Protection Supervisor and Commission officials

2. Legal basis Directive 95/46/EC – covers the general transfer of personal data within the EU Commission Regulation No 831/2002 establishes the rules concerning access to confidential data for scientific purposes Commission Regulation No 1828/2006 - Annex XXIII on data of ESF participants

3. Personal vs. sensitive data Labour market status, age and education is personal data covered by Art. 7 of Directive 95/46 Data on vulnerable groups (minorities, migrants, disabled) is sensitive data covered by Art. 8 of Directive 95/46

4. Data collection and processing Most MS collect microdata and keep it EC receives only aggregated data Most MS use consent of participants to collect personal and sensitive data Different techniques to anonymise data Period of time for data retention

5. Use of data for evaluation purposes MS allow evaluators to use annonymised (micro) data MS de-anonymise data with consent Linking ESF data and national administrative data depends on the collection methods

6. Conclusion Strengthen the obligation on the data controler (MS) to process personal data (Art. 7 (c) of Directive 95/46) Strengthen the obligations on beneficiaries in view of processing data Collect or continue to collect micro-data – level to be defined by MS Encourage MS to move away from dependency on consent for sensitive data (Art. 8 (4) of Directive 95/46/EC)

Thank you for your attention! - For additional information, please consult the CIRCA web-site - Contact persons in A3: Ines.Hartwig@ec.europa.eu Georgeta-Alina.Ungureanu@ec.europa.eu