Pursuant to Article 298 of the Treaty on the
Functioning of the European Union in carrying out their missions, the
institutions, bodies, offices and agencies of the Union must have the support
of an open, efficient and independent European administration.
The abovementioned provision is reemphasized in
Article 118 of the European Border and Coast Guard Regulation, by reiterating
the requirement for internal rules on prevention of conflicts of interest and
for establishment of a transparency register.
The internal framework for Transparency Register held
by Frontex is set by Decision of the Executive Director No R-ED-2021-67 of 5 May
2021.
The Transparency Register has been set up to ensure
that there is transparency as regards lobbying. All meetings and contacts of
the Executive Director, Deputy Executive Directors and Heads of Divisions in
matters concerning procurement procedures and tenders for services, equipment
or outsourced projects and studies are registered in this tool.
N.B.: The names/functions of individuals acting on
behalf of the Third Party Stakeholder being contacted or attending meetings
shall not be made public unless, after balancing of rights in written,
performed by the data controller, transparency overrides the right to privacy.
Personal data collected as part of the
registration process as regards Frontex’s Transparency Register in line with
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23
October 2018 on the protection of natural persons with regard to the processing
of personal data by the Union institutions, bodies, offices and agencies and on
the free movement of such data.[1]
The controller responsible for the processing operation is the
Head of Inspection and Control Office: transparency.register@frontex.europa.eu.
Purposes of the processing
The purpose of processing personal data
is to implement the respective provisions of the EBCG Regulation [2] on the prevention of
conflicts of interest, as per legal obligation set in Article 118 EBCG
Regulation and developed in corresponding ED Decision on the Transparency
Register.
For the purpose of transparency the
functions of individuals (acting on behalf of the Third Party Stakeholder and
of the Agency’s representatives) contacting, being contacted or attending
meetings will be made public on the website of the Agency in a standardised
format.
Data will be
collected and processed for the following purposes:
- to avoid any situation
liable to give rise to a conflict of interest during the employment or
term of office of the members of the Agency’s bodies and its staff
- to report such situations
- to ensure transparency as
regards lobbying.
Personal data will not be processed for
any other purposes than those defined above.
Legal basis
Paragraph
2 of Article 118 of the Regulation (Eu) 2019/1896 of the European Parliament
and of the Council of 13 November 2019 on the European Border and Coast Guard
and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 under Article
5(1)(a) of Regulation (EU) 2018/1725
The following category of personal data
can be processed:
Function of the person acting on behalf
of the Third Party Stakeholder and the Agency’s representatives contacting, being
contacted or attending meetings.
Recipients of personal data
The data will be collected via a
‘Notification form’ (Annex I of the ED Decision on the Transparency Register) by the Inspection and Control Office who will ensure
to register and to publish it in Frontex webpage.
Retention period of data
The Inspection and Control Office
stores the ‘Notification form’ in a central archive for two years after the
last event triggering an entry in the register.
Rights of the data subjects
Data subject has the right to access
his or her data, have it deleted or rectified and restricted, if applicable. To
request information about processing of his or her personal data, or exercise
their rights, the data subjects can contact the controller at transparency.register@frontex.europa.eu or
address Frontex Data Protection Officer at dataprotectionoffice@frontex.europa.eu.
There is neither automated
decision-making nor profiling related to the processing of personal data as
regards the Transparency Register.
Recourse
You may address the controller at the
above mentioned functional mailbox at any time. You can also contact the
Frontex Data Protection Officer at the following email address: dataprotectionoffice@frontex.europa.eu.
Data subjects can at any time have
recourse to the European Data Protection Supervisor (http://www.edps.europa.eu; email: edps@edps.europa.eu).
The record of processing activity on
personal data as regards Frontex’s Transparency has been submitted to the Data
Protection Officer at Frontex and is publicly available on the Agency’s
website.
[1]
OJ
L 295, 21.11.2018, p.39-98
[2] Regulation (Eu) 2019/1896 of the European
Parliament and of the Council of 13 November 2019 on the European Border and
Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624