(1)

Commission Decision C(2024)1420 (2) on the Mediation Service establishes the Mediation Service as an independent service in the Commission. Its task is to facilitate the amicable resolution of conflicts at work or disputes relating to rights and obligations of Commission staff members covered by the Staff Regulations of Officials (‘Staff Regulations’) and the Conditions of Employment of Other Servants (‘CEOS’) of the European Union, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (3).

(2)

Decision C(2024)1420 establishes an informal procedure whereby any person falling under its scope may request the assistance of the Mediation Service.

(3)

The Commission and, in the context of this Decision, the Mediation Service on its behalf, contribute to a productive and respectful workplace, by informally resolving disputes before they escalate, and by preventing similar situations from arising within the Institution. The Mediation Service provides informal confidential advice to any staff member requesting its assistance (‘the requestor’). With the requestor’s consent, it may also contact any other party identified by the requestor (‘the person concerned’) in connection with a mediation. Mediation requires the consent of all parties involved. The Mediation Service acts strictly on an informal basis. It is not empowered to take decisions adversely affecting individuals.

(4)

To fulfil its tasks in the area of mediation, the Commission collects and processes information and several categories of personal data of staff members and other persons falling under the scope of Decision C(2024)1420, including identification data, contact information, information about professional roles and tasks, information on private and professional conduct and performance data. The Commission may also process sensitive personal data referred to in Articles 10 and 11 of Regulation (EU) 2018/1725, voluntarily provided by the requestor.

(5)

The personal data are stored in a secured physical and electronic environment, to prevent unlawful access or transfer of data to persons who do not have a need to know. After the end of the processing, the data are retained in accordance with Article 6(11) of Decision C(2024)1420.

(6)

Under Regulation (EU) 2018/1725, the Commission, as controller, is obliged to provide information to data subjects on those processing activities and to respect their rights as data subjects.

(7)

While carrying out its tasks, the Commission is bound to respect the rights of natural persons in relation to the processing of personal data recognised by Article 8(1) of the Charter of Fundamental Rights of the European Union and by Article 16(1) of the Treaty on the Functioning of the European Union, as well as the rights provided for in Regulation (EU) 2018/1725. At the same time, the Commission, in the context of its activities as Mediation Service, is required to comply with strict rules of confidentiality towards the requestors and might therefore be required to balance a data subject’s rights against the fundamental rights and freedoms of other data subjects.

(8)

It is crucial for the requestor that the confidentiality of the exchanges is preserved and that no action is undertaken without their consent. When a person consults the Mediation Service for confidential advice in the context of a conflict and does not give consent for the Mediation Service to contact the person concerned with a view to a mediation, it will not be possible for the Mediation Service to inform the person concerned. The provision of such information would render impossible or seriously impair the achievement of the objectives pursued by the Mediation Service, in particular providing a safe space where the requestor can openly discuss their situation and decide whether to start a mediation process with the person concerned. The Commission may therefore apply the exception laid down in Article 16(5), point (b), of Regulation (EU) 2018/1725 to protect the confidentiality of the processing as set out Article 5(1) of the Decision C(2024)1420.

(9)

In certain circumstances, it is necessary to reconcile the rights of data subjects pursuant to Regulation (EU) 2018/1725 with the need to ensure that the Commission effectively carries out its tasks of providing informal confidential advice, while ensuring full respect for the fundamental rights and freedoms of other data subjects. To that effect, Article 25(1), point (h), of Regulation (EU) 2018/1725 provides the Commission with the possibility to restrict, under strict conditions, the application of Articles 14 to 17, 19, 20 and 35, as well as the principle of transparency laid down in Article 4(1), point (a), insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 17, 19, 20 and 35 of that Regulation.

(10)

This might, in particular, be the case when the requestor indirectly provides information relating to other persons concerned. In that case, the Commission may decide to restrict certain rights of the person concerned when the exercise of these rights would result in revealing information about a requestor who has not consented to actions being undertaken by the Mediation Service to facilitate a dialogue with the person concerned. In such a case, the Commission may decide to restrict the right of access to information relating to the person concerned or his or her other rights in order to protect the rights and freedoms of the requestor. The Commission may decide to do so pursuant to Article 25(1), point (h), of Regulation (EU) 2018/1725.

(11)

It may be necessary to protect confidential information concerning a requestor. In such cases, the Commission may need to restrict access to the identity, statements and other personal data of the requestor, including the simple fact that they were in contact with the Mediation Service, in order to protect their rights and freedoms.

(12)

It may also be necessary to restrict the right of information of the requestor where the Mediation Service would need to alert the Medical Service in cases where urgent action is necessary for the protection of the physical and psychological integrity of the requestor. In such a case, the Mediation Service may decide not to inform the requestor about such alert in order to allow the Medical Service to assess the health or social care measures that may be provided to that person. The Commission may decide to do so pursuant to Article 25(1), point (h), of Regulation (EU) 2018/1725. In that specific situation, the requestor's rights would be protected because the Medical Service would keep medical information secret and the requestor would be informed because the Medical Service will be in contact with them if they deem it necessary.

(13)

Decision C(2024)1420 requires the Commission to ensure that requests for assistance submitted to the Mediation Service are handled confidentially. In order to ensure that confidentiality, while respecting the standards of protection of personal data under Regulation (EU) 2018/1725, it is necessary to adopt internal rules under which the Commission may restrict data subjects’ rights in line with Article 25(1), point (h) of Regulation (EU) 2018/1725.

(14)

The internal rules should apply to all processing operations carried out by the Commission in the performance of its tasks when handling requests under Article 6 of Decision C(2024)1420 .

(15)

In order to comply with Articles 14, 15 and 16 of Regulation (EU) 2018/1725, the Commission should inform all individuals of its activities involving the processing of their personal data and of their rights in a transparent and coherent manner, by means of a data protection notice published on the Commission’s website. Where relevant, the Commission should individually inform the requestor by appropriate means. Where the requestor provided consent to contacting another concerned person, the Commission should individually inform, by appropriate means, the person concerned.

(16)

The Commission should apply restrictions only when they respect the essence of fundamental rights and freedoms, are strictly necessary and are a proportionate measure in a democratic society. The Commission should give reasons in order to justify those restrictions.

(17)

In application of the principles of transparency, fairness and accountability, the Commission should handle all restrictions in a transparent manner and register each application of restrictions in the corresponding record system.

(18)

Article 25(6) of Regulation (EU) 2018/1725 requires the controller to inform data subjects of the principal reasons on which the application of the restriction is based and of their right to lodge a complaint with the European Data Protection Supervisor.

(19)

Pursuant to Article 25(8) of Regulation (EU) 2018/1725, the Commission may defer, omit or deny the provision of information relating to the principal reasons for the application of a restriction to the data subject if providing that information would in any way cancel the effect of the restriction.

(20)

Where rights of data subjects are restricted, the Commission should assess on a case-by-case basis whether communicating the restriction would cancel its effect.

(21)

The Commission should lift the restriction as soon as the conditions that justify the restriction no longer apply, and assess those conditions on a regular basis. In certain cases, it may prove necessary to maintain the application of a restriction until the personal data at issue is no longer retained by the Commission. In such a case, the data subject should not be informed of the processing of their personal data. Such a situation could, in particular, occur where there is a high risk that the exercise of their rights by the person concerned would undermine the rights and freedoms of others. This is particularly the case where the requestor does not consent to the Mediation Service contacting the person concerned in order to initiate an informal mediation between them.

(22)

The Commission should review the application of the restrictions when the requestor provides consent to engaging in an informal mediation or at the latest when it closes a request for assistance.

(23)

Articles 16(5), 17(4), 19(3) and 20(2) of Regulation (EU) 2018/1725 provide for exceptions to data subjects’ rights. If these exceptions apply, the Commission does not need to apply a restriction under this Decision.

(24)

To guarantee the protection of the rights and freedoms of data subjects and in accordance with Article 44(1) of Regulation (EU) 2018/1725, the Commission should involve the relevant data protection coordinator(s) and the data protection officer of the European Commission throughout the procedure and document this consultation. In particular, the data protection coordinator appointed to advise the Commission department concerned should be consulted in advance of any restrictions that may be applied and verify their compliance with this Decision.

(25)

The data protection officer of the European Commission should carry out an independent review of the application of restrictions, with a view to ensuring compliance with this Decision.

(26)

The European Data Protection Supervisor has been consulted and delivered his opinion on 13 March 2024.