Article 16 notifications
Dear Madam, Sir,
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:
- All notifications since 1 January 2015 of outgoing or former staff of the European Ombudsman of their intention to engage in a occupational activity, as required by Article 16 of the Staff Regulation
- Any authorisations given by the European Ombudsman to engage in occupational activities since 1 January 2015
- All e-mails between Mr Karl Ryan and the European Ombudsman regarding his intention to work for Google.
- All documents related to the assessment(s) whether Mr Ryan's occupational activities can be approved
Sincerely
Peter Teffer
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
Sent by ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. All
responses have to be sent to this email address.
Envoyé par ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.
Dear Mr. Teffer,
Thank you for your request for public access to documents that you
submitted to the European Ombudsman’s Office on 22.02.2023.
Your request has been registered today under reference Ares(2023)1335719.
It will be dealt with in accordance with Regulation 1049/2001 regarding
public access to European Parliament, Council and Commission documents and
the Decision of the European Ombudsman on internal procedures for dealing
with applications for public access to documents and requests for
information.
We will deal with your request as soon as possible and reply to you no
later than 16.03.2023 (15 working days from the date of registration of
your request).
If you have any questions, please do not hesitate to contact our Office by
telephone: + 33 (0)3 88 17 23 13 or
e-mail: [5][European Ombudsman request email].
Yours sincerely,
[6]cid:image003.png@01D86A9B.093A7210 European Ombudsman
ATD-FOI Team
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[7]www.ombudsman.europa.eu
References
Visible links
1. file:///tmp/cid:filelist.xml@01D94777.1FEE94F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. mailto:[European Ombudsman request email]
7. European Ombudsman Home Page
http://www.ombudsman.europa.eu/
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
Sent by ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. All
responses have to be sent to this email address.
Envoyé par ve_ombu.euroombudsman (OMBU) <[European Ombudsman request email]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.
Dear Mr Teffer,
By e-mail of 22 February 2023, you asked the Ombudsman’s Office to grant
you public access to the following documents:
“- All notifications since 1 January 2015 of outgoing or former staff of
the European Ombudsman of their intention to engage in a occupational
activity, as required by Article 16 of the Staff Regulation
- Any authorisations given by the European Ombudsman to engage in
occupational activities since 1 January 2015
- All e-mails between Mr Karl Ryan and the European Ombudsman regarding
his intention to work for Google.
- All documents related to the assessment(s) whether Mr Ryan's
occupational activities can be approved.”
Your request was registered on 23 February 2023 under reference number
Ares(2023)1335719.
We have dealt with your request in accordance with [5]Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents as well as the [6]Decision of the European Ombudsman
on the handling of requests for public access to documents.
During the period referred to in your request, there were 11 declarations
made by staff members of the European Ombudsman under Article 16 of the
Staff Regulations. Apart from the one concerning the member of the
Ombudsman’s cabinet mentioned by you, there was a notification concerning
the previous Secretary-General of the institution as well as another one
regarding another member of the Ombudsman’s cabinet. The remaining
declarations came from other staff members.
We have identified 32 documents as falling under the scope of your
request. We have decided to grant you partial access to them. The zipped
file is attached to this e-mail.
We have redacted the documents in order to protect personal data in
accordance with Article 4(1)(b) of Regulation (EU) No 1049/2001 in
conjunction with [7]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.
According to Article 4(1)(b) of Regulation (EC) No 1049/2001, access to a
document (or parts thereof) shall be refused if its disclosure would
undermine the protection of privacy and the integrity of the individual.
Article 3(1) of Regulation (EU) No 2018/1725 states that personal data
means “any information relating to an identified or identifiable natural
person [...]”.
Please note that some of the documents contain also parts that are
hand-written. As handwriting constitutes personal data within the meaning
of that Regulation, you will see that those documents have been more
heavily redacted than usual for this reason.
If you wish to have access to the personal data deleted from the
documents, you may submit a corresponding request. It should be noted
that, pursuant to Article 9(1)(b) of Regulation (EU) 2018/1725, personal
data shall only be transmitted to recipients established in the Union
other than Union institutions and bodies if “the recipient demonstrates
that it is necessary for the data to be transmitted for a specific purpose
of public interest and the controller, where there is reason to assume
that the legitimate interests of the data subject might be prejudiced,
demonstrates that it is proportionate to transmit the personal data for
that specific purpose after a demonstrable assessment of the various
conflicting interests”. It would therefore be necessary to demonstrate, in
your potential request, the need to have the personal data transferred for
a specific purpose of public interest.
I would like to add that further information on the implementation of
Article 16 of the Staff Regulations by the Ombudsman is also available on
[8]this website.
If you wish to challenge this Decision, you may request a review pursuant
to Article 7(2) of Regulation (EC) No 1049/2001 (“confirmatory
application” procedure). You can reply to this message within 15 working
days of receipt of this decision. A request for review would then be dealt
with by our Secretary-General.
Of course, you can also contact me for any other questions or requests for
clarification you may have.
Yours sincerely,
[9]cid:image003.png@01D86A04.2A392070 Eija Salonen
Deputy Transparency Officer
European Ombudsman
[10][European Ombudsman request email]
[11]T. +33 3 88 17 23 13
[12]www.ombudsman.europa.eu
References
Visible links
1. file:///tmp/cid:filelist.xml@01D950D8.1355AC00
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://eur-lex.europa.eu/legal-content/...
6. https://www.ombudsman.europa.eu/en/docum...
7. https://eur-lex.europa.eu/legal-content/...
8. https://www.ombudsman.europa.eu/en/emily...
10. file:///tmp/[European Ombudsman request email]
11. Click to call
file:///tmp/+33388172313
12. European Ombudsman Home Page
http://www.ombudsman.europa.eu/