Dear Sir/Madam,

Thank you for your message and for your interest in data protection.

We will look into your request and get back to you within due time.

Kind regards,

The EDPB secretariat

Dear Mr Lee,

As agreed, we intend to deal now with your access to documents request
concerning Article 49 GDPR.

In your email dated 9/6/2023, you requested access to "documents
(including plenary / sub-plenary preparatory documents) that discuss,
relate to, or reference GDPR Article 49. The timeframe for responsive
documents would be those produced between 01 January 2023 and the present
(09 June 2023)."

We acknowledge that you have set a concrete time frame for the documents
you seek access to. However, the very broad scope of your request does not
allow us to adequately identify the scope of your request and, as a
result, the concrete documents you are seeking access to.

In accordance with Article 6(1) of Regulation 1049/2001, applications for
access to a document shall be made in a sufficiently precise manner to
enable the institution to identify the document. Following a preliminary
assessment based on your request, the EDPB would incur a disproportionate
workload in order to carry out the preliminary research required to
identify the documents potentially related to your request, based on the
information you have provided in your email dated 9/6/2023. This is
because a very significant number of documents related may to some extent
refer or relate to Article 49 GDPR, even if only in a general manner (for
example, the EDPB "Guidelines 05/2021 on the Interplay between the
application of Article 3 and the provisions on international transfers as
per Chapter V of the GDPR" refer to Article 49 one time in paragraph 27,
in a very general manner, although they do not address nor discuss the
Article). Thus, even if we only consider documents within the timeframe
provided, the broad scope of the request does not allow us to carry out
the preliminary research of the documents. In this regard, we would like
to draw your attention to the EU case law enabling the institution to not
proceed the preliminary research when the request is not precise
([1]F-121/07, Strack v Commission), or on the possibility to refuse to
identify the documents falling under the scope of a request if the
identification would lead to a disproportionate workload ([2]T-653/16,
Malta v Commission).

In order to be able to proceed with analysing your request, we would
therefore ask you to provide us with more information, which would allow
us to identify the documents in scope of your request. While you are not
required to provide any reasoning for your request, it may be helpful if
you could provide us with any information on your interest in obtaining
the documents, insofar as this would help us to determine the documents in
scope of your request.

We kindly ask you to provide these clarifications so that we may identify
the documents in scope of your request. Please note that this request will
be considered closed if no reply is received within 15 working days (i.e.
by 21 August 2023). Of course, this does not prevent you from making
another request at any stage in the future.

Thank you for your cooperation.

Kind regards,

The EDPB Secretariat

From: European Data Protection Board <[EDPB request email]>
Sent: 19 June 2023 09:28
To: Nicholas Lee <[email address]>; European Data
Protection Board <[EDPB request email]>
Subject: RE: Access to documents_Your requests concerning Article 49 and
96 GDPR

Dear Mr Lee,

Many thanks for your understanding, we will proceed in that way.

Have a nice day!

Best regards,

The EDPB Secretariat

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