Ref. Ares(2013)3637748 - 04/12/2013
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
The Director General
Brussels,
CNECT D/1/PK/st
Ares (2013)
Kirsten Fiedler
Email:
Subject:
Your application for access to documents – Ref GestDem No
2013/5629 under Regulation 1049/2011 regarding public access to
European Parliament, Council and Commission documents
Dear Madam,
I refer to your e-mails dated 11 and 12/11/2013 wherein you make a request for access to
documents, registered by us on 12/11/2013 under the abovementioned reference number.
Your application concerns the following documents: (1) A list of Mr Karl-Theodor zu
Guttenberg's meetings with IT companies, bloggers, activists, NGOs and decision-makers;
(2) A list of conferences and events in which he participated; (3) A list of EU initiatives and
projects in which Mr zu Guttenberg was involved; (4) Mr zu Guttenberg's contribution as a
key element to the No Disconnect Strategy; (5) His intermediary and final reports on the
EU-27, possible support to bloggers, users and activists; and (6) A complete overview of his
travel expenses and other fees.
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, we have come to the conclusion that they
may be partially disclosed.
Pursuant to Article 4 (1) b of Regulation 1049/2001 "the institutions shall refuse access to a
document where disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data".
Furthermore, pursuant to Article 8 (b) of Regulation (EC) 45/2001 on the protection of
individuals with regard to the processing of personal data by the Community institutions
and bodies and on the free movement of such data, the Commission can only transmit
personal data to a recipient subject to Directive 95/46/EC if the recipient establishes the
necessity of having the data transferred and if there is no reason to assume that the data
subject's legitimate interests might be prejudiced. Nothing in your request shows the
necessity of having these data transmitted to you.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU25 6/183 - Tel. direct line +32 229.90473 - Fax +32 229.68970
xxxxx.xxxxxxxxx@xx.xxxxxx.xx
The blanked out parts of the disclosed documents contain personal data disclosure of which
would undermine the protection of the privacy of these individuals.
Pursuant to Article 4 (1) a, third indent of the Regulation 1049/2001 "the institutions shall
refuse access to a document where disclosure would undermine the protection of
international relations".
The expunged data relates to international relations at stake, including events and activities
currently under preparation which would be impaired by disclosure.
The exceptions in Article 4(1) are absolute exceptions not balanced by an overriding
interest.
Furthermore, pursuant to Article 4(2) first indent of Regulation 1049/2001 "the institutions
shall refuse access to a document where disclosure would undermine the protection of
commercial interests of a natural or legal person, including intellectual property".
Therefore, all the information relating to the commercial interests of natural and/or legal
entities has been expunged on the basis of the above-mentioned exception.
Having analysed your request, we have not found any elements which could justify the
existence of an overriding public interest in the sense of the Regulation, which would
outweigh the exception stipulated in Article 4 (2) mentioned above.
Noting the above, please find below the specific replies to each of your questions and the
related documents attached in Annexes.
(1) A list of Mr zu Guttenberg's meetings with IT companies, bloggers, activists, NGOs
and decision-makers
As noted in your e-mail, in 2011, in the context of developing the No-Disconnect Strategy,
Vice-President Neelie Kroes invited Mr Karl-Theodor zu Guttenberg to advise on how to
provide ongoing support to Internet users, bloggers and cyber-activists living under
authoritarian regimes.
To this end, Mr zu Guttenberg was in contact with the ICT sector, the political and
intelligence establishments, academia, NGOs, bloggers and the media, attending close to
one hundred meetings.
At the same time it should be noted that Mr zu Guttenberg has not represented the
European Commission in the above meetings, nor has he intervened in these meetings on
behalf of the Commission.
Disclosure of a list of individuals, bloggers and activists, companies and decision-makers
Mr zu Guttenberg has met on the issues of internet freedom and No-Disconnect Strategy
would undermine the protection of the privacy of these individuals, protection of
commercial interests and the protection of international relations as stipulated under
Regulation 149/2001, as explained above.
Therefore, we have concluded that access to the document(s) requested cannot be
granted.
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(2) A list of conferences and events in which he participated
We regret to inform you that no document(s) were found that correspond to the
description given in your application. We are, therefore, unable to handle your
application.
However, please find below the information relating to conferences and events to which Mr
zu Guttenberg has participated in his capacity as an advisor and external expert, the related
travel expenses of which were reimbursed by the Commission (see point 6 below):
1) Meeting on the No-Disconnect Strategy, Brussels, Belgium, 22 November 2011
2) Press conference on the No-Disconnect Strategy, Brussels, Belgium, 12 December
2011
3) Conference "Internet Freedom for Global Development", Stockholm, Sweden, 17
April 2012
4) Meetings with different companies operating in the San Francisco Bay area in the
context of the No-Disconnect Strategy, San Francisco, United States, 21-24 May
2012
5) Meeting with Vice-President Kroes and the US Ambassador to the EU on the No-
Disconnect Strategy, Brussels, Belgium, 13 June 2012
(3) A list of EU initiatives and projects in which Mr zu Guttenberg was involved
We regret to inform you that no document(s) were found that correspond to the
description given in your application. We are, therefore, unable to handle your
application.
However, it should be noted that Mr zu Guttenberg was invited as an external expert to
advise Vice-President Kroes on the No-Disconnect Strategy. After the preparatory phase of
the strategy, when the implementation of certain actions required direct communication
with the advisor, the relationship between the advisor and the Vice-President took place
in face-to-face or private telephone exchanges. Mr zu Guttenberg has not been involved
in other EU initiatives and projects.
(4) Mr zu Guttenberg's contribution as a key element to the No Disconnect Strategy
We have identified documents relating to your request in particular concerning contacts
with the civil society that have been facilitated by Mr zu Guttenberg to create co-
operation on the implementation of the No Disconnect Strategy, which you will find
enclosed in Annexes 1 and 2.
However, after analysing the documents falling in the scope of your request, we have
concluded that only partial access can be granted to you due to the following:
Pursuant to Article 4 (1) b of Regulation 1049/2001 "the institutions shall refuse access to a
document where disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data".
The blanked out parts of the disclosed documents contain personal data disclosure of which
would undermine the protection of the privacy of these individuals.
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Pursuant to Article 4 (1) a, third indent of the Regulation 1049/2001 "the institutions shall
refuse access to a document where disclosure would undermine the protection of
international relations".
The expunged data relates to international relations at stake, including events and activities
currently under preparation which would be impaired by disclosure.
Furthermore, we draw your attention to the fact that Mr zu Guttenberg's contacts with
the ICT sector, the political and intelligence establishments, academia, NGOs, bloggers
and the media allowed him to provide advice concerning possible cooperation
mechanisms with the public and private sector, within EU Member States and third
countries (in particular the USA) in the field of Internet freedom.
Mr zu Guttenberg's contribution has therefore helped in general to build two main pillars
of the No-Disconnect Strategy, namely global cooperation and understanding what is
happening "on the ground".
(5) His intermediary and final reports on the EU-27, possible support to bloggers,
users and activists
We regret to inform you that no document(s) were found that correspond to the
description given in your application. We are, therefore, unable to handle your
application.
As noted above, in his role as an adviser and external expert, Mr zu Guttenberg has
provided advice to Vice-President Kroes in face-to-face or private telephone exchanges.
There has been no obligation on Mr zu Guttenberg to provide the Commission with written
interim or final reports on his discussions with the different parties. Therefore, no such
reports exist.
(6) A complete overview of his travel expenses and other fees
We have identified documents relating to the travel expenses of Mr zu Guttenberg, which
you will find enclosed in Annexes 3, 4, 5, 6, 7, 8 and 9. Please note that Annex 9
contains information that also replies to your request under point (2)
above as you will
find financial information in relation to the conferences and events attended by the
advisor.
Please note that only partial access can be granted to you with respect to the documents
contained in Annex 9.
Pursuant to Article 4 (1) b of Regulation 1049/2001 "the institutions shall refuse access to a
document where disclosure would undermine the protection of privacy and the integrity of
the individual, in particular in accordance with Community legislation regarding the
protection of personal data".
The blanked out parts of the disclosed documents (Annex 9) contain personal data of Mr. zu
Guttenberg and personal references of third parties, disclosure of which would undermine
the protection of the privacy of these individuals.
Please be informed that the Commission has refunded travel expenses concerning five
meetings (listed under point 2 above) since Mr zu Guttenberg's appointment as an
external expert. These are:
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Meeting n. 1 in Brussels on 22 November 2011: 4946.50 euros;
Meeting n. 2
in Brussels on 12 December 2011: 585.75 euros;
Meeting n. 3
in Brussels and Stockholm on 17-18 April 2012: 6318.65 euros;
Meeting n. 4
in San Francisco on 21-24 May 2012: 2754.20 euros; and
Meeting n. 5
in Brussels on 13 June 2012: 5193.91 euros.
The total amount of travel expenses reimbursed is therefore 19,766.01 euros. There are
no other expenses or fees that the Commission has refunded to Mr zu Guttenberg in his
role as an external expert.
The Commission has reimbursed Mr Guttenberg for his travels within the framework set
by Commission's Decision of 5th December 2007 on "
Rules on the reimbursement of
expenses incurred by people from outside the Commission invited to attend meetings in
an expert capacity".
For journeys of less than 400 km (one way, according to official distance by rail), the
experts are reimbursed for a first-class rail travel, and for a distance of more than 400 km
economy class air travel.
If the journey involves a flight of 4 hours or more without stopovers, the cost of a
business class ticket can be reimbursed.
The daily allowance paid for each day of meeting is a flat rate and cover all expenditure
at the place where the meeting is held, including meals, local transports as well as
accident insurance and it is EUR 92 by effective meeting day (Article 4).
The night allowance is also a flat rate and is EUR 100. The number of nights may not
exceed the number of meeting days + 1.
Finally, in accordance with Article 7(2) of Regulation 1049/2001, you are entitled to
make a confirmatory application requesting the Commission to review the position
above.
Such a confirmatory application should be addressed within 15 working days upon
receipt of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency Unit SG-B-5
BERL 5/327
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-Signed)
Robert Madelin
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