Privacy statement

Targeted consultations

Processing operation: Targeted consultation activities under HAQAA3 (including surveys, interviews and focus groups)
Data Controller: European Commission Directorate-General for Education, Youth, Sport, and Culture International Cooperation Unit
Record reference: DPR-EC-01011

1. Introduction

The European Commission is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to 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 (repealing Regulation (EC) No 45/2001).

This privacy statement explains the reason for and purposes the processing of your personal data in the context of targeted consultations under HAQAA3 (including surveys, interviews and focus groups). It explains the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller (cfr. point 9) with whom you may exercise your rights, the Data Protection Officer and the European Data Protection Supervisor.

2. Why and how do we protect your personal data?

Purpose of the processing operation: The Commission collects and uses your personal information within the framework of targeted consultation activities under the HAQAA3 initiative to obtain your views on a specific initiative, policy or intervention.

You are being contacted by the HAQAA3 Management Consortium (OBREAL, DAAD, ENQA or AAU) since they have concluded that your views are relevant and necessary to inform specific initiatives, policies or interventions concerned by the targeted consultation under the HAQAA3 initiative.

The HAQAA3 Management Consortium collected your contact details from the internet where they have been manifestly made public by you or the organisation you work for. You have been identified by the HAQAA3 Management Consortium as a stakeholder whose views are relevant and necessary to achieve the specific purpose of the targeted consultation activity in the public interest as described below. Your participation in the targeted consultation activity is completely voluntary.  

More specifically, the processing operation concerns the following processing activities and purposes:

  • to obtain the views of the respondents of a targeted consultation activity for the design, evaluation and revision of policies, initiatives and interventions. To design, evaluate and revise initiatives it is indispensable for the Commission to receive input and views from those who are considered to be concerned by the policy, initiative or intervention.
  • to obtain the views of stakeholders to explore a subject for which very limited information is available. This exploratory targeted consultations activity will provide further information to the Commission necessary to take basic conceptual decisions.
  • In the context of the targeted consultation activity, you might be photographed and/or recorded (audio / video). Specific consent forms linked to these activities will outline the purposes of the recordings (e.g., live web-streaming, audio-visual recording, photography) and how these recordings will be used in the context of the activity. You will have the right to withdraw the consent at any time. The recording will only published based on your explicit consent.
  • The subject matter ofthe consultation activity require you to provide personal data in your response that may identify or make you identifiable. These personal data will only be published subject to your explicit consent.
  • It is your responsibility if you opt for confidentiality of your personal data to avoid any reference in your submission or contribution itself that would reveal your identity.

The personal data processed may be reused for the purpose of procedures before the EU Courts, national courts, the European Ombudsman or the European Court of Auditor.

Your personal data will not be used for an automated decision-making including profiling.

3. On what legal ground(s) do we process your personal data?

We process your personal data, because:

(a) processing is necessary for the performance of a task carried out in the public interest;

(b) it is based on your consent, for one or more specified purposes:

  • Publication of the identity of the stakeholder or respondent;
  • Publication of photos, audio or video recordings;
  • If the subject matter of a targeted consultation requires respondents to provide personal data in their response that make the data subject identifiable, their publication;
  • if applicable, the processing of special categories of personal data, whether they are necessary for the targeted consultation or provided spontaneously by the respondent;
  • to be contacted by the Commission for the present consultation.

The Union law which is the basis for the processing based on Article 5(1)(a) of Regulation (EU) 2018/1725 is the Treaty of the European Union, and more specifically its Articles 1 and 11, Article 298 of the Treaty on the Functioning of the European Union, read in conjunction with Recital 22 of Regulation (EU) 2018/1725), as well as the Protocol 2 on the application of the principles of subsidiarity and proportionality.

4. Which personal data do we collect and further process?

In order to carry out this processing operation the HAQAA3 Management Consortium collects the following categories of personal data:

  • name and surname,
  • profession,
  • country of residence,
  • e-mail address of the respondent,
  • the name of a self-employed individual (natural persons) on whose behalf the respondent is contributing,
  • personal data related to the physical, economic, cultural, or social identity of the respondent, insofar as they are not falling under Article 10 of the Regulation,
  • personal data included in the response or contribution to the targeted consultation activity, including (personal) opinions (if the targeted consultation at hand requires so),
  • photos, audio/video recording.

Furthermore, you may spontaneously provide other, non-requested personal data in the context of your reply to the targeted consultation.

Please note that the Data Controller does not request nor expect that data subjects provide any special categories of data under Article 10(1) of Regulation 2018/1725 (that is “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation”) related to themselves or to third persons in their contributions to the targeted consultation activity. Any spontaneous inclusion of these types of personal data is the responsibility of the data subject and by including any of these types of data the data subject is considered to provide his/her explicit consent to the processing, in accordance with Article 10(2)(a) of Regulation 2018/1725.

5. How long do we keep your personal data?

The Data Controller only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for a maximum of five years after the closure of the file to which the present targeted consultation belongs. A file is closed at the latest once there has been a final outcome in relation to the initiative to which the targeted consultation contributed.

This administrative retention period of five years is based on the retention policy of European Commission documents and files (and the personal data contained in them), governed by the common Commission-level retention list for European Commission files SEC(2019)900. It is a regulatory document in the form of a retention schedule that establishes the retention periods for different types of European Commission files. That list has been notified to the European Data Protection Supervisor.

The administrative retention period is the period during which the Commission departments are required to keep a file depending on its usefulness for administrative purposes and the relevant statutory and legal obligations. This period begins to run from the time when the file is closed.

In accordance with the common Commission-level retention list, after the ‘administrative retention period’, files including (the outcome of) targeted consultations (and the personal data contained in them) can be transferred to the Historical Archives of the European Commission for historical purposes (for the processing operations concerning the Historical Archives, please see record of processing ‘Management and long-term preservation of the European Commission’s Archives’, registered under reference number DPR-EC-00837).

6. How do we protect and safeguard your personal data?

All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored on the HAQAA3 Dropbox and the servers of the HAQAA3 until the end of their retention period. All processing operations are carried out pursuant to Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the Commission.

In order to protect your personal data, the Commission has put in place a number of technical and organisational measures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation.

The Commission’s processors (contractors) are bound by a specific contractual clause for any processing operations of your personal data on behalf of the Commission. The processors have to put in place appropriate technical and organisational measures to ensure the level of security, required by the Commission.

7. Who has access to your personal data and to whom is it disclosed?

Access to your personal data is provided to the Commission staff responsible for carrying out this processing operation and to authorised staff according to the “need to know” principle, in particular to follow-up on the targeted consultation. Such staff abide by statutory, and when required, additional confidentiality agreements.

The service providers used by the data controller are:

OBREAL Global Observatory

Identifier: PIC 949111148
Address of registration: ADOLF FLORENSA 8 EDIFICI FLORENSA 08028 BARCELONA
Country of registration: ES

ASSOCIATION OF AFRICAN UNIVERSITIES

Identifier: PIC 953632512
Address of registration: AFRICAN UNIVERSITIES HOUSE, NEW SECRETARIAT, TRINITY AVENUE, EAST LEGON-P.O. BOX AN 5744, ACCRA
https://aau.org/privacy-policy-2/
Country of registration: GH

DEUTSCHER AKADEMISCHER AUSTAUSCHDIENST EV

Identifier: PIC 986220438
Address of registration: KENNEDYALLEE 50 53175 BONN
Country of registration: DE

EUROPEAN ASSOCIATION FOR QUALITY ASSURANCE IN HIGHER EDUCATION (ENQA)

Identifier: PIC 945037245
Address of registration: RUE DE L’LNDUSTRIE 10, 1000 BRUSSELS
Country of registration: BE

Transfers of personal data outside of the EU or the EEA are likely to occur in the context of the evaluations, for the Commission to carry out its tasks and to comply with its obligations under the applicable legislation and to the financing agreements with the partner/beneficiary countries.

Potential transfers of personal data to the partner/beneficiary countries take place on the basis of derogations set out in Regulation (EU) 2018/1725, namely for important reason of public interest (Article 50(1)(d)). Such public interest is outlined in articles 1 and 11 of the Treaty on European Union as well as in Article 298 of the Treaty on the Functioning of the European Union.

In particular, the controller might transfer your personal data (reports containing your contributions) to the authorities of the partner/beneficiary country where the project/programme is implemented. In addition, processing of personal data by the processor may qualify as international transfer when the contractor is a non EU/EEA entity, use a local office located in the country where the project/programme is implemented or a non EU/EEA subcontractor.

Access to your personal data is provided to the Commission’s contractor responsible for carrying out the evaluation and to authorised staff according to the “need to know” principle.

The information we collect will not be given to any third party, except to the extent and for the purpose we may be required to do so by law.

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

    You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access your personal data and to rectify them in case your personal data are inaccurate or incomplete. Under certain conditions, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing and the right to data portability.

    You have the right to object to the processing of your personal data, which is lawfully carried out pursuant to Article 5(1)(a), on grounds relating to your particular situation.

    Insofar you have consented to the certain processing of your personal data to the Data Controller for the present processing operation, you can withdraw your consent at any time by notifying the Data Controller. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.

    You can exercise your rights by contacting the Data Controller, or in case of conflict the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below.

    Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request.

    In accordance with Article 14(3) of Regulation (EU) 2018/1725, your request as a data subject will be handled within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. In such case you will be informed of the extension of the time limit, together with the reasons for the delay.

    9. Contact information

    The Data Controller

    If you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller.

    European Commission

    Directorate-General for Education, Youth, Sport, and Culture
    Unit EAC. – International Cooperation unit
    EAC-UNITE-C3@ec.europa.eu

    The Data Protection Coordinator (DPC) of DG EAC

    You may contact the Data Protection Officer (DATA-PROTECTION-OFFICER@ec.europa.eu)) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725.

    The Data Protection Officer (DPO) of the Commission

    You may contact the Data Protection Officer (DATA-PROTECTION-OFFICER@ec.europa.eu) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725.

    The European Data Protection Supervisor (EDPS)

    You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor (edps@edps.europa.eu) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the Data Controller.

    10. Where to find more detailed information?

    The Commission Data Protection Officer (DPO) publishes the register of all processing operations on personal data by the Commission, which have been documented and notified to him. You may access the register via the following link: http://ec.europa.eu/dpo-register.

    This specific processing operation has been included in the DPO’s public register with the following Record reference: DPR-EC-01011.