Ref. Ares(2020)1984269 - 08/04/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES
The Director-General
Brussels
GROW/JK/
Rebecca Vaughan
40 Bermondsey Street
London
United Kingdom
Advance copy by email:
ask+request-7786-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms Vaughan,
Subject:
Your application for access to documents – GESTDEM 2020/1527
We refer to your e-mail of 13 March 2020 in which you make a request for access to
documents, registered on 16 March 2020 under the above-mentioned reference number.
You request access to:
“All documentation relating to the meetings between Cabinet members of former
Commissioner Elzbieta Bienkowska and:
1) Aula Europe on 23rd September 2019
2) Albright Stonebridge Group LLC on 11th October 2018”.
With regard to the meeting referred to in point No. 1 above, we have identified the
enclosed document (Ref. Ares(2019)6203347).
A complete disclosure of this document is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001, because it contain personal data, namely:
- the names and contact information of Commission staff members not pertaining to the
senior management; and
- the names and contact details of other natural persons.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: CHAR 15/131 - Tel. direct line +32 229-61326
xxxxxxx.xxxxx@xx.xxxxxx.xx
the legitimate interests of the data subject might be prejudiced. In your request, you do
not express any particular interest to have access to these personal data nor do you put
forward arguments to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has
not been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
With regard to the meeting referred to in point no. 2 above, we regret to inform you that
the Commission does not hold any documents that would correspond to the description
given in your application.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-signed)
Kerstin Jorna
Enclosure:
Mini Briefing Note - Ref. Ares(2019)6203347
2
Electronically signed on 07/04/2020 16:44 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563