Ref. Ares(2021)111173 - 06/01/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND TECHNOLOGY
Resources and Support
Compliance and Planning
Brussels,
CONNECT/R4
Mr Samuel Stolton
EURACTIV Brussels
International Press Centre
Boulevard Charlemagne 1, 1041
Bruxelles
Belgium
Advance copy via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents- Ref GestDem 2020/5948
Dear Mr Stolton,
We refer to your email dated 7 October 2020 wherein you make a request for access to
documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament, Council
and Commission documents (hereinafter ‘Regulation 1049/2001’), registered under the
abovementioned reference number. We also refer to our holding reply, dated 8 December
2020, our reference Ares(2020)7425216, whereby we informed you that the time limit
for handling your application was extended by 15 working days pursuant to Article 7(3)
of Regulation 1049/2001.
1.
SCOPE OF YOUR APPLICATION
By your application to the Secretariat – General, you request documents, which contain
the following information:
΄΄- All communication between Zoom Video Communications and the European
Commission since the start of the year (January 1st 2020). This could include but is
not limited to, e-mails, text messages, basis documents, memos or drafts.΄΄
In this regard, reference is made to the Secretariat- General’s clarification request, dated
7 October 2020, reference Ares(2020)5312434 and to your reply, dated 17 November
2020, reference Ares(2020)6826519 wherein you clarified that you are interested in
΄΄
all communication between Zoom Video Communications and the European
Commission's DG Connect since the start of the year (January 1st 2020)΄΄.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
We consider your request to cover documents held up to the date of your reply to the
clarification request, i.e. the 17th November 2020.
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
We have identified the following documents as falling within the scope of your request:
- Email from Zoom, dated 20 October 2020 (Annex I)
- Minutes of the meeting with Zoom on 30 October 2020 (Annex II)
3.
ASSESSMENT UNDER REGULATION 1049/2001
Following an examination of the identified document under the provisions of Regulation
1049/2001 regarding public access to documents and taking into account the opinion of
the third party, we have arrived at the conclusion that a complete disclosure of the
identified documents is prevented by the exception concerning the protection of privacy
and integrity of the individual outlined in Article 4(1)(b) of Regulation (EC) 1049/2001,
because they contain the following personal data:
-the names, functions and contact information of Commission staff members not
pertaining to the senior management
-the names, functions and contact details of other natural persons
Article 9(1)(b) of the Data Protection Regulation1 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 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 any 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 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.
4.
REUSE OF DOCUMENTS
Annex I originates from a third party. Please note that it is disclosed to you based on
Regulation 1049/2001. However, this disclosure is without prejudice to the rules on
intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
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property right on them. The European Commission does not assume any responsibility
from their reuse.
Annex II was drawn up for internal use under the responsibility of the relevant service of
DG CONNECT. It solely reflects the service’s interpretation of the interventions made
and does not set out any official position of the third parties to which the document
refers, which were not consulted on its content. It does not reflect the position of the
Commission and cannot be quoted as such.
You may reuse the document, which has been produced by the European Commission
free of charge and for non-commercial and commercial purposes provided that the source
is acknowledged and that you do not distort the original meaning or message of the
documents. Please note that the Commission does not assume liability stemming from
the reuse.
5.
CONFIRMATORY APPLICATION
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation 1049/2001, to submit 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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by em
ail to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-Signed)
Katleen Engelbosch
Head of Unit
Enclosures: (2)
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Electronically signed on 06/01/2021 15:17 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
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