Information on Financial Information Sharing Agreements

Walter Stanish made this Freedom of Information request to European Data Protection Supervisor

The request was partially successful.

From: Walter Stanish

Dear European Data Protection Supervisor,

Under the right of access to documents in the EU treaties, as
developed in Regulation 1049/2001, I am requesting documents which contain the following information:

1. Information regarding any and all international financial data sharing agreements (such as the EU-US TFTP agreement)
that are either presently active or under consideration by EU
bodies, including, for each such agreement:

1-a) Any and all information regarding the name or names of the
agreement, past or present;

1-b) Any and all information regarding draft or historical versions
of the agreement;

1-c) Any and all information regarding the authoring party or
parties of the agreement; and, if these are organisational entities
rather than individuals, then for each such entity:

1-c-1) Any and all information regarding the identity of the
presiding management of said organizational entity at the time the
agreement was signed;

1-c-2) In turn, any and all information regarding the details of
the identity of both the direct and senior management of the
aforementioned management party or parties, throughout the entire
period that the agreement was initially raised or put under
discussion through to the point at which the agreement was finally
enacted, or if the agreement is not yet enacted, then to the
present.

1-d) Any and all content of the agreement;

1-e) Any and all information describing of the party or parties
originally raising the agreement, and the manner in which this was
achieved;

1-f) Any and all evidence of review by EU bodies prior to enacting
the agreement, or, if the agreement is not yet enacted, to the
present;

1-g) Any and all information regarding the date at which the
agreement was enacted, or, if the agreement is not yet enacted, the
present state of the agreement and a timetable of significant
upcoming dates in its development;

1-h) Any and all information regarding the types of information
shared through the agreement, with particular care to include the
most verbose possible data records. (Note that a sanitised form of
any computer based record on hand may simply suffice for this
aspect of the request.)

1-i) Any and all information regarding the frequency at which
information is shared under the agreement, and any historical
changes to this frequency;

1-j) Any and all information regarding 'opt-out' schemes or other
mechanisms by which individuals may, for whatever reason, be
excluded from the information sharing agreement;

1-k) Any and all information regarding the volume of data that has
been shared, either in the past, or recently, through the agreement

1-l) Any and all information regarding the storage or processing
procedures of any part of this data by any EU entity, be they
public or private sector, whilst either: (a) in preparation for the
provision of the data to meet the requirements of the agreement,
(b) whilst transmitting the data to meet the requirements of the
agreement, or (c) after transmitting the data to meet the
requirements of the agreement.

2. Any and all information available regarding the name, scope, and
content of any similar information sharing schemes operating within
the European Union or individual EU nations.

Thank you for your assistance.

Regards,
Walter Stanish
Citizen of Germany

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European Data Protection Supervisor


Attachment edps.jpg
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Dear Sir,

We acknowledge receipt of your request which was registered on 6
August 2012. In accordance with Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 28/08/2012).

Your case has been registered with case number 2012-0673.

Yours sincerely,

EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu
 

References

Visible links
1. http://www.edps.europa.eu/EDPSWEB/

Link to this

European Data Protection Supervisor


Attachment edps.jpg
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Dear Sir,

 

The EDPS is currently working on your requests for access to documents
(registered with EDPS case file number 2012-0673).

 

Your requests might potentially relate to a large number of
documents originating from third parties, such as the Commission, the
Council and the parties to the agreements referred to, which might require
such parties to be consulted in accordance with Article 4(4) of Regulation
(EC) No 1049/2001.

 

On the basis of Article 6(3) of Regulation (EC) No 1049/2001 we would like
to confer with you informally with a view to finding the most favourable
response to your request.

 

To this end we would be grateful if you could either call Mr Herke
Kranenborg on +32 2 2831900 or provide us with a phone number on which we
can reach you.

Yours sincerely,
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu
 

References

Visible links
1. http://www.edps.europa.eu/EDPSWEB/

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From: Walter Stanish

Dear European Data Protection Supervisor,

Thank you for your response indicating the potentially large number of relevant documents, some potentially related bodies, the fact that you may need to consult with such bodies as per Regulation (EC) No 1049/2001 Article 4(4) to determine whether an exception from the requirement to provide documents in response to this request may be relevant under the terms of the exceptions stated in Regulation (EC) No 1049/2001 Article 4(1,2), and that you would like to further assess my request's requirements informally via telephone in order to determine an appropriate response.

I quote hereunder Article (4,4) in order to maintin clarity of review.
==============================================
4. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed.
==============================================

In turn, I quote below the exceptions stated in Article 4(1,2):
==============================================
1. The institutions shall refuse access to a document where disclosure would undermine the protection of:

(a) the public interest as regards:

- public security,
- defence and military matters,
- international relations,
- the financial, monetary or economic policy of the Community or a Member State;

(b) privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.

2. 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,
- court proceedings and legal advice,
- the purpose of inspections, investigations and audits,

unless there is an overriding public interest in disclosure.
==============================================

Please be informed that for the purposes of my own records I wish to maintain all contact regarding this request in writing.

With a view to furthering the request, may I ask that in your next written communication you clearly indicate any individual point or points within the original request for which you would like to seek specific clarification, or, should this be impracticable given your current understanding of the nature of the request, then clearly indicate the types of points for which clarification may be required and the precise nature of such clarification.

Regards,
Walter Stanish
German Citizen

Link to this

European Data Protection Supervisor


Attachment 12 08 27 Letter Stanish PNR 2012 0673 D 1711.pdf
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Attachment 12 08 27 Letter Stanish TFTP 2012 0673 D 1712.pdf
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Dear Mr Stanish,
 
Please find enclosed 2 letters in reply to your access to documents
request to EDPS dated 5 August.
 
Kind regards,
 
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
 
[1]www.edps.europa.eu

References

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http://www.edps.europa.eu/
http://www.edps.eu.int/
file:///tmp/blocked::http:/www.edps.europa.eu/

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European Data Protection Supervisor


Attachment edps.jpg
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Attachment 10 06 23 Letter Faull 2010 0058 A 1375.PDF.pdf
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Attachment 12 09 18 Letter Stanish 2012 0673 D 1858.pdf
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Dear Sir, 
 
Please find attached a scanned version of a letter (+ annex).
 
Best regards,
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu

References

Visible links
1. http://www.edps.europa.eu/EDPSWEB/

Link to this

European Data Protection Supervisor


Attachment edps.jpg
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Attachment 12 10 05 Letter Stanish 2012 0673 D 1991.pdf
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Attachment 12 10 05 Annex TFTP.pdf
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Dear Sir, 
 
Please find attached a scanned version of a letter and its annex.
 
Best regards,
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu

References

Visible links
1. http://www.edps.europa.eu/EDPSWEB/

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Walter Stanish left an annotation () %>

See also the follow-up query to Home Affairs at http://www.asktheeu.org/en/request/intra...

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