Gergely Polner and Staff Regulations Article 16

Die Anfrage wurde abgelehnt durch Europäisches Parlament.

Dear European Parliament,

Under the right of access to documents in the EU treaties, as
developed in Regulation 1049/2001, I am requesting all documents which relate to Gergely Polner and his move from the European Parliament to the British Bankers' Association.

In particular, I request a note of all Mr Gergely's job titles at the European Parliament, including dates held; copies of any application(s) that Mr Gergely has made under Article 16 of the Staff Regulations to undertake outside / professional activities; and all correspondence, emails or meeting notes related to the authorisation of this new role.

Yours faithfully,

Vicky Cann

Registre, Europäisches Parlament

Our ref: A1630

Dear Ms Cann,

We acknowledge receipt of your requested. You will receive a reply
within 15 working days.

Transparency - Public Access to documents
Library and Document Management Directorate
European Parliament

Zitate anzeigen

Registre, Europäisches Parlament

OUR REFERENCE A(2014)16360

Dear Ms Cann,

Following your request for information related to the outside paid
activity by an EP staff member, we inform you that the identified
documents contain 'personal data' in the sense of Regulation (EC) n°
45/2001 (Article 2) on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies. The
processing of personal data by the EU institutions has to comply with this
Regulation (EC) n° 45/2001:

([1]http://eur-lex.europa.eu/LexUriServ/LexU...)

Article 8(b) of this regulation specifies that personal data shall only be
transferred to recipients other than Community institutions and bodies "if
the recipient establishes the necessity of having the data transferred and
if there is no reason to assume that the data subject's legitimate
interests might be prejudiced".

The EU Court held that "in order to obtain disclosure of the personal data
contained in the documents... the applicant would have had to demonstrate,
by providing express and legitimate justifications, the necessity for the
requested personal data to be transferred" and that in establishing the
necessity of transfer, the recipient 'has to provide express arguments and
justifications in what respect the 'processing' of the personal data or,
in other words, the transfer of those data by the Parliament is necessary
to satisfy the public interest invoked'  (Case T-82/09 Gert-Jan Dennekamp
v European Parliament, paragraphs 30 and 34)

([2]http://curia.europa.eu/juris/document/do...)

On this basis Parliament is obliged to proceed in full respect of the
legal requirements under Regulation (EC) n° 45/2001 and therefore invites
you to demonstrate the "necessity" of the data to be transferred to you as
far as personal data of an EP staff member is concerned.

Until reception of this information, Parliament will not be in a position
to provide you with a decision concerning your initial application.

Yours sincerely,

Transparency - Public Access to documents Unit
Directorate B - DG EPRS
European Parliament

 

Zitate anzeigen

Dear Registre,

Thank you for your email.

Corporate Europe Observatory regularly asks access to document requests (including via this site Ask the EU) to different EU institutions about EU staff members and the way in which their previous or future professional activities are assessed under the Staff Regulations. There is a significant and legitimate public interest in these kinds of issues. CEO is very keen to ensure that the European institutions have a sufficiently vigilant and robust set of policies and procedures to tackle the risk of conflicts of interest.

In our view, there can be no problem with releasing the documents requested. Presumably if the former staff member concerned and the European Parliament itself have correctly followed all policies and procedures, there can be no problem with releasing the documents.

I should also say that I expect that personal details such as contact details, salary details etc will be redacted - we are not interested in that kind of detail anyhow.

I look forward to hearing from you.

Yours sincerely,

Vicky Cann

Registre, Europäisches Parlament

Thank you for your message. Please note that
The European Parliament''s offices will be closed from 24 December 2013 to
2 January 2014. Any document access requests received during that period
will not be recorded until 3 January 2014. The 15-working-day time limit
placed on replies to document requests (in accordance with Article 7(1) of
Regulation (EC) No 1039/2001) will therefore run from that date.
-----------
Merci pour votre message. Veuillez noter que les bureaux du Parlement
européen seront fermés du 24 décembre 2013 au 2 janvier 2014. Les demandes
d''accès aux documents ne seront enregistrées que le 3 janvier 2014. Par
conséquent, le délai de 15 jours ouvrables pour répondre à vos demandes
(conformément à l’article 7.1 du Règlement (CE) n° 1039/2001) courra à
partir de cette même date.

Registre, Europäisches Parlament

1 Attachment

OUR REFERENCE A(2014)16360

Dear Ms Cann,

Further to your message of 14 January 2014, please find attached the motivated reply of the European Parliament to your request.

Yours sincerely,

Transparency - Public Access to documents Unit
Directorate B - DG EPRS
European Parliament
Public Register webpage

Zitate anzeigen

Dear European Parliament,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of European Parliament's handling of my FOI request 'Gergely Polner and Staff Regulations Article 16'.

I was surprised to read Mr Welle's reply dated 3 February and the EP's refusal to release the information requested to me.

I disagree with the reasoning set out in the letter and the assumptions that it contains about how the individual's "legitimate interests" would be affected if the information I had requested were to be released. In particular, I consider that you should have at least asked the individual concerned for permission for the data to be released. If he agreed, there would then surely be no barrier whatsoever to you complying with my request. The letter dated 3 February does not indicate that this procedure was followed and I would like to ask that it is.

I should point out that while the letter states that the European parliament respects and applies all conflicts of interest rules set out in the Staff Regulations, it is impossible to verify the truth of this statement unless the EP is transparent about its work and releases information as requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/gerge...

Yours faithfully,

Vicky Cann

Registre, Europäisches Parlament

OUR REFERENCE A(2014)1774

We acknowledge receipt of your confirmatory application under Regulation (EC) n° 1049/2001

You will receive a reply within 15 working days

Best regards

Transparency - Public Access to documents Unit
Directorate B - DG EPRS
European Parliament

Zitate anzeigen

Registre, Europäisches Parlament

1 Attachment

OUR REF A(2014)1774

 

Further to your message of 10 February 2014, please find attached the
European Parliament's official response to your confirmatory application

 

Yours sincerely,

 

 

Transparency - Public Access to documents Unit
 

  Directorate B - DG EPRS
European Parliament
  [1]Public Register webpage

 

 

From: Vicky Cann [mailto:[FOI #1093 email]]
Sent: 10 February 2014 13:21
To: Registre
Subject: [SPAM SUSPECTED] Internal review of access to information request
- Gergely Polner and Staff Regulations Article 16

 

Dear European Parliament,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of European Parliament's
handling of my FOI request 'Gergely Polner and Staff Regulations Article
16'.

I was surprised to read Mr Welle's reply dated 3 February and the EP's
refusal to release the information requested to me.

I disagree with the reasoning set out in the letter and the assumptions
that it contains about how the individual's "legitimate interests" would
be affected if the information I had requested were to be released. In
particular, I consider that you should have at least asked the individual
concerned for permission for the data to be released. If he agreed, there
would then surely be no barrier whatsoever to you complying with my
request. The letter dated 3 February does not indicate that this procedure
was followed and I would like to ask that it is.

I should point out that while the letter states that the European
parliament respects and applies all conflicts of interest rules set out in
the Staff Regulations, it is impossible to verify the truth of this
statement unless the EP is transparent about its work and releases
information as requested.     

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[2]http://www.asktheeu.org/en/request/gerge...

Yours faithfully,

Vicky Cann

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #1093 email]

This message and all replies from European Parliament will be published on
the AsktheEU.org website. For more information see our dedicated page for
EU public officials at [4]http://www.asktheeu.org/en/help/officers

 

-------------------------------------------------------------------

References

Visible links
1. http://www.europarl.europa.eu/RegWeb/app...
2. http://www.asktheeu.org/en/request/gerge...
3. mailto:[FOI #1093 email]
4. http://www.asktheeu.org/en/help/officers