WRITTEN QUESTION E-3395/00 by Freddy Blak (PSE) and Helle Thorning-Schmidt (PSE) to the Commission. Use of evidence of previous convictions for recruitment purposes.
Date: 2000-11-03
Institutions: European Parliament, Provisional data
Subjects: Denmark, EU employment policy, criminal record, personal data

19.6.2001

EN

Official Journal of the European Communities

C 174 E/47

(2001/C 174 E/047)

WRITTEN QUESTION E-3395/00

by Freddy Blak (PSE) and Helle Thorning-Schmidt (PSE) to the Commission

(3 November 2000)

Subject: Use of evidence of previous convictions for recruitment purposes

Investigations carried out by the Shop and Office Workers(cid:146) Union (HK) in Denmark have revealed that the
Danish police have been producing increasing numbers of extracts from criminal records. Between 1997
and 1999 the figure rose from 87 970 to 125 250 a year, an increase of 40 %. The reason is that
employers are increasingly requiring (cid:145)clean(cid:146) criminal records for staff they recruit, regardless of the job to
be undertaken and the type of offence involved. The authors of this question see no reason why a drink-
driving conviction should prevent somebody working as a shop or canteen assistant.

Does the Commission agree that this practice means that many criminals are not being reintegrated into
society after they have completed their sentences, which conflicts with the desire to increase employment
in Europe?

Does the Commission agree that extracts from criminal records should be obtainable only when the
request is justified by the nature of the job and the nature of the offence?

Answer given by Mr Vitorino on behalf of the Commission

(17 January 2001)

The Commission is of the opinion that the reintegration of prisoners into society, and thus also into the
working process is a very worthy goal. It is also in the pursuit of this goal that the Commission has, in its
Communication to the Council and the Parliament on (cid:145)Mutual recognition of final decisions in criminal
matters(cid:146) (1) insisted that the measures to be taken in this field shall also lead to improvements for the
convicted person (2).

While Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (3) ((cid:145)data
protection directive(cid:146)) excludes from its scope any processing of data that is done in the course of an
activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of
the Treaty on European Union and in any case processing operations concerning public security, defence,
State security (including the economic well-being of the State when the processing operation relates to
State security matters) and the activities of the State in areas of criminal law (Article 3, Paragraph 2), data
processing by private entities, such as prospective employers, in principle falls under its scope. Article 8,
Paragraph 5 stipulates that the processing of data relating to offences, criminal convictions or security
measures may be carried out only under the control of official authority, or subject to derogations which
may be granted by the Member State provided that suitable specific safeguards are provided under national
law.

However, even when the processing of criminal convictions data is allowed, Member State(cid:146)s legislation
must foresee that such processing must comply with all the requirements laid down by the Directive, in
particular the principles of proportionality and purpose limitation (Article 6).
In application of this
principle, the processed data must be relevant for the purpose for which it is processed.

At international level, the 1996 International labour organisation (ILO) Code of Practice on the protection
of worker data (4), which is not a legally binding instrument, but one that makes recommendations in
order to provide guidance on the protection of workers(cid:146) personal data, does not exclude the collection of
personal data concerning a worker(cid:146)s criminal convictions, but it clearly restricts it. The collection is
allowed subject to two conditions: the data is directly relevant to a particular employment, the collection
must always be undertaken in strict conformity with national legislation.

C 174 E/48

Official Journal of the European Communities

EN

19.6.2001

The Commission has announced in its Social Policy Agenda (5) that it will consult the social partners on
possible future Community action in relation to data protection in the employment context.

(1) COM(2000) 495 final.
(2) See the Communication(cid:146)s sub-chapters 9.1. on (cid:145)Custodial Penalties(cid:146) and 9.4. on (cid:145)Alternative Sanctions(cid:146).
(3) OJ L 281, 23.11.1995.
(4) Code of practice on the protection of worker(cid:146)s personal data, Doc MEWP/1996/5.
(5) Communication from the Commission to the Council, the Parliament, the Economic and Social Committee and the

Committee of Regions, COM(2000) 379 final.

(2001/C 174 E/048)

WRITTEN QUESTION E-3398/00

by Marjo Matikainen-Kallstr(cid:246)m (PPE-DE) to the Commission

(3 November 2000)

Subject: Overcharging by mobile oeprators

In the light of recent studies showing European mobile operators overcharging for call termination by at
least 40-70 %, which resulted in fixed operators subsidising mobile operators by at least € 4,5 billion in
1999, what immediate initiatives and actions is the European Commission considering to:

(cid:129) assist national regulatory authorities in setting cost-oriented mobile interconnection charges where

European law requires this; and

(cid:129) promote best practice in ceiling rates for termination of calls from fixed to mobile networks (cid:129) based

on existing LRIC models, or on the cost of mobile-to-mobile termination?

Answer given by Mr Liikanen on behalf of the Commission

(7 December 2000)

Community law requires that the charges for terminating calls on a mobile network should be cost-
oriented if the mobile operator has significant market power on the national market for interconnection
(Directive 97/33/EC on interconnection in telecommunications with regard to ensuring universal service
and interoperability through application of the principles of open network provision (ONP) (1), Article
7(2)).

It is for the national regulatory authority (NRA) in each Member State to decide which mobile operators
fall into this category. To date, NRAs have notified the following mobile network operators as having
significant market power in the national market for interconnection:

Spain

France

Ireland

Italy

Austria

Finland

Sweden

Telef(cid:243)nica M(cid:243)viles, Airtel

FT Mobiles, SFR

Eircell

TIM, Omnitel

Mobilkom

Sonera, Radiolinja

Telia