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Privacy statement for establishing a list of prospective independent experts to assist the work of the European Union Agency for Railways in the field of Just Culture

Any data collected or information provided by applicants during the establishment of a list of independent experts at the ERA will be processed in accordance with Regulation (EC) 45/2001. This Regulation concerns the protection of individuals with regard to personal data provided to the Community institutions and bodies and on the free movement of such data. In compliance with Articles 11 and 12 of the Regulation, the ERA provides all applicants with the following information:

The Controller[1] of the data is the Head of the Safety Unit.

What is the purpose of the processing?

The purpose is to create a pool of experts for providing qualified assistance for the judiciary in the investigation of prosecutions related to railway incidents or accidents. The experts will receive a training by the ERA/Eurocontrol on how Just Culture can be useful to achieve justice while benefiting safety in the interest of the public.

Who has access to your data and to whom are your personal data disclosed?

The recipients of the data are the Agency’s staff working for Just Culture training courses and Eurocontrol. The appointing authority and any of the supervisory instances of ERA (i.e. European Court of Auditors, Internal Audit Service, European Ombudsman, etc.) may have access to this data upon request.

All recipients of the data are reminded of their obligation not to use the data received for any further purpose other than the one for which they were transmitted.

How do we safeguard and protect your data?

The data collected during the establishment of a list of experts can be accessed by the Agency’s staff working for Just Culture training courses and Eurocontrol. The data is stored in the functional mailbox of the Agency and print outs in the office of the PO in charge in locked cabinets.

How can you verify, modify, block or delete your information?

Regulation (EC) 45/2001 safeguards your rights to access your data and to require the Controller to rectify without delay any inaccurate or incomplete personal data. You also have the right to require the Controller to erase data if the processing is unlawful. For this, you need to contact the Safety Unit in writing (SafetyCultureProject@era.europa.eu).

Furthermore, you are free to address the European Data Protection Supervisor at any time.

What personal data do we collect and for what purpose?

The categories of personal data collected during the establishment of a list of independent experts at ERA are the following:

  • Data necessary to identify and contact the applicant: Name, surname, address, email address
  • Data relevant to demonstrate, that the applicant fulfils the profile advertised in the invitation: application form (i.e. organisation/company, other roles in representing other organisations, job position, education, professional experience, years of experience, other professional skills). The applicants may indicate any individual situation regarding eligibility criteria and any other information they would like to provide to support their application.

Nota bene:

It is compulsory for applicants to complete the application form and to fill in all fields requested, unless otherwise indicated in the specific documents. Failure to comply with this obligation may result in the disqualification of the applicant from the concerned procedure.

The legal basis for processing data is Article 3(4) of Regulation No (EC) 881/2004 establishing a European Railway Agency as amended by Regulation No (EC) 1335/2008.

How long do we keep your data?

Data will be stored in the ERA’s files as follows:

  • Data concerning applicants whose names have been included in the list will be kept 2 years after the expiry date of the list.
  • Data concerning applicants whose names have not been included in the list will not be retained after the selection except in the case where the applicant has expressed his explicit consent for the Agency to retain its data exclusively for similar communications in the future. In this case the data will be kept for 2 years after the selection phase.

Right to appeal

You have the right to recourse via the European Data Protection Supervisor (edps@edps.europa.eu) if you consider that your rights under Regulation 45/2001 have been infringed as a result of the processing of your personal data by the ERA. You may also contact the ERA’s Data Protection Officer (DPO) in case of any difficulties or for any questions relating to the processing of your personal data at the following e-mail address: dataprotectionofficer@era.europa.eu.

 


[1] Article 2(d) of Regulation (EC) 45/2001 defines the controller as follows: ‘[…] controller shall mean the Community institution or body, the Directorate-General, the unit or any other organizational entity which alone or jointly with others determines the purpose and means of the processing of personal data […]’.