Ref. Ares(2018)4024170 - 30/07/2018
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
Resources & Support
Compliance & Planning
Head of Unit
Brussels,
CONNECT/R4
By registered letter with
acknowledgment of receipt
Ms. Julia Reda
Parlement européen
Bât. Altiero Spinelli 05F158
60, rue Wiertz
B- 1047 Bruxelles
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem 2018/3628
Dear Ms. Reda,
We refer to your e-mail dated 29/06/2018 in which you make a request for access to
documents, registered on 05/07/2018 under the above mentioned reference number.
1. SCOPE OF YOUR APPLICATION
Your request:
" 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:
The staff running the accounts of the European Commission has been engaging on
twitter and other channels regarding the effects of Article 13 of the Copyright in the
Digital Single Market Directive proposal (for example at
https://twitter.com/EU_Commission/status/1010093360143425536
https://twitter.com/EU_Commission/status/1010066160128286721
https://twitter.com/EU_Commission/status/1011962461837115392
https://twitter.com/EU_Commission/status/1011254657560260609
https://twitter.com/EU_Commission/status/1011254796593004545
https://twitter.com/EU_Commission/status/1011254836212518914
https://twitter.com/EU_Commission/status/1011254976499343360
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
and
https://ec.europa.eu/digital-single-market/en/faq/frequently-asked-questions-copyright-
reform)
I am requesting all information concerning these posts, such as:
* Memos, Briefings, protocols of Commission staff, freelancers and other people
involved in the social media and press activities. This may include draft responses in
written or visual form, guidelines or timetables sent via email or through the Content
Management Systems (including the wikis used by the Commission staff).
* Any communication between said people and DG CNECT or Legal Service staff (or
other units) on the assessment of the claims concerning article 13 (regardless whether it
refers to the Council negotiation mandate, the Commission proposal or the JURI version
and its drafts) and memes. This may include draft responses and questions concerning
memes, the optional parody exception, ECJ case law, national implementation of
exceptions and other topics discussed.
* Any draft or final responses sent out to journalists, scholars, citizens or corporations
concerning article 13 (regardless whether it refers to the Council negotiation mandate,
the Commission proposal or the JURI version and its drafts) since April 2018.
* "information" or "document" should be understood in a broad sense and shall include
images, audiovisual material and animations. I am requesting digital copies of these
files, not black-and-white scanned printouts on these’’.
Please note that parts of the request were attributed to the Directorate-General COMM
(GestDem2018/3835). You will receive the reply from Directorate-General COMM in
due course.
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST AND
ASSESSMENT UNDER REGULATION 1049/2001
We have identified the following documents as corresponding to your request:
1) Email from 22/06/2018 – copyright faq on the web
2) Preview of the Webpage on frequently asked questions on copyright reform, in its
version of 22.06.2018
Document 1 – Partial access with only personal data redacted
This document contains personal data (in particular names, email addresses and
signatures) of Commission staff not occupying any senior management position.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its 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 applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council of 18 December 2000 on the
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protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data1 .
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable2 .
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if
there is no reason to assume that the legitimate rights of the persons concerned might be
prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned.
Therefore, this document is released expunged from the personal data.
Document 2- Full disclosure
As regards the second document, full access can be given.
You may reuse the abovementioned documents free of charge for non-commercial and
commercial purposes provided that the source is acknowledged, that you do not distort
the original meaning or message of the document. Please note that the Commission does
not assume liability stemming from the reuse.
3. CONFIRMATORY APPLICATION
In case you would disagree with the assessment that the redacted data are personal data
which can only be disclosed if such disclosure is legitimate under the applicable rules on
the protection of personal data, you are entitled, in accordance with Article 7(2) of
Regulation 1049/2001, to make a confirmatory application requesting the Commission to
review this position.
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-4
BERL 5/288
B-1049 Bruxelles or by em
ail to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-Signed)
Katleen Engelbosch
Enclosures: 2
1 Official Journal L 8 of 12.1.2001, p. 1
2 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
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Electronically signed on 30/07/2018 16:25 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563