Interoperability of contact tracing apps

Ihre Anfrage war teilweise erfolgreich.

Dear Commission,

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 documents (including memos, minutes, e-mail, contracts, etc.) related to the agreement between the Commission, SAP and T-Systems on 31 July, 2020 on the development and deployment of a software platform for the cross-border exchange of coronavirus warnings (interoperability gateway for contact tracing apps)

- All internal documents of the Commission (e.g. working group meeting minutes, memos, e-mails, etc.) and exchanges with member states and external stakeholders (i.e. Google, Apple, etc.) on the interoperability of contact tracing apps

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgique

Generaldirektion Informatik

1 Attachment

Dear Mr. Fanta,

 

Thank you for your e-mail of 2 September 2020. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 2 September 2020 under reference number GESTDEM 2020/5205.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 23
September 2020. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

 

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Kind regards,

 

 

DIGIT ACCESS TO DOCUMENTS

 

[2]picture

European Commission

Directorate-General for Informatics

Rue Montoyer 15 - 07/P001

1049 Brussels/Belgium

 

 

 

References

Visible links
1. https://ec.europa.eu/info/principles-and...

Generaldirektion Informatik

1 Attachment

Dear Alexander Fanta,
Thank you for your e-mail of 02/09/2020. We hereby acknowledge receipt of
your application for access to documents, which was registered on
03/09/2020 under reference number GESTDEM 2020/5225.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
24/09/2020. In case this time limit needs to be extended, you will be
informed in due course.
You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.
Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.
We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.
For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM
 
European Commission
Secretariat-General
Unit C1 – Transparency, Document Management & Access to Documents
[2]HOW WE PROCESS PERSONAL DATA
 
-----Original Message-----
From: Alexander Fanta <[FOI #8504 email]>
Sent: Wednesday, September 2, 2020 8:09 AM
To: DIGIT ACCESS TO DOCUMENTS <[email address]>
Subject: access to documents request - Interoperability of contact tracing
apps
 
Dear Commission,
 
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 documents (including memos, minutes, e-mail, contracts, etc.)
related to the agreement between the Commission, SAP and T-Systems on 31
July, 2020 on the development and deployment of a software platform for
the cross-border exchange of coronavirus warnings (interoperability
gateway for contact tracing apps)
 
- All internal documents of the Commission (e.g. working group meeting
minutes, memos, e-mails, etc.) and exchanges with member states and
external stakeholders (i.e. Google, Apple, etc.) on the interoperability
of contact tracing apps
 
Yours faithfully,
 
Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgique
 
-------------------------------------------------------------------
 
This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.
 
Please kindly use this email address for all replies to this request:
[3][FOI #8504 email]
 
If [4][DG DIGIT request email] is the wrong address for
information requests to Informatics, please tell the AsktheEU.org team on
email [5][email address]
 
This message and all replies from Informatics will be published on the
AsktheEU.org website. For more information see our dedicated page for EU
public officials at
[6]https://urldefense.com/v3/__https://www....
 
Please note that in some cases publication of requests and responses will
be delayed.
 
 
-------------------------------------------------------------------
 
 

References

Visible links
1. https://ec.europa.eu/info/principles-and...
2. https://ec.europa.eu/info/principles-and...
3. mailto:[FOI #8504 email]
4. mailto:[DG DIGIT request email]
5. mailto:[AsktheEU.org contact email]
6. https://urldefense.com/v3/__https://www....

Zitierte Abschnitte verbergen

Dear Informatics,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Interoperability of contact tracing apps'.

I would like to respond to your reply dating from September 24, 2020, in which you reject the disclosure of the e Inter-Institutional Framework Contract DI/07790 with SAP Belgium NV/SA which falls under the scope of my previous access-to-documents request.

In your reply, you state that the document in question falls under the exception stated in Article 4(2) of Regulation 1049/2001, the protection of commercial interests. You argue for both the commercial interest of the Commission and other EU institutions as well as the commercial enterprises in question and offer the framework agreement template instead of the actual document.

I would like to point out that I made my request in my role as journalist covering the EU institutions and the interoperability framework for contact tracing apps in particular. The framework agreement has been subject to considerable public interest in various European countries and, generally speaking, there clearly is strong public interest in media scrutiny on the subject matter. Further, the Commission has insisted that purchases made amid the Corona pandemic would be open to equal scrutiny as other public purchases by the EU.

As to the specifics of the rejection of my request, DG Digit states that needs to ensure that public money is spent in accordance with the principle of sound financial management, and to be able to preserve its capacity to benefit from the best conditions offered by economic operators. The disclosure to the general public of such sensitive information would clearly undermine the Commission’s capacity to ensure sound financial management by obtaining the best possible value for money in future procurement procedures and its credibility as a reliable business partner, the Commission states.

First, I would like to point out that any potential business partner has certainly heard of Regulation 1049/2001 and is aware of the legal obligation of the Commission to share information on public purchases. This obligation was created in the first place precisely so that the public can make sure that, as the Commission states, public money is spent in accordance with the principle of sound financial management. The template I was sent does not provide sufficient information about the details of the purchase and I would like to argue that the actual version of the framework agreement must be released in full to allow for full scrutiny.

Second, I would like to point out that with regard to commercial interests, the European Ombudsman has found that such requests for information pose the following problems: not all information about a company is commercially sensitive, so a test should be performed each time to conclude whether the exception applies in this case. Even in a few cases where such tests where made, the Ombudsman has found insufficient grounds for refusal, such as Ombudsman cases 676/2008/RT 07 July 2010 and Case: 181/2013/AN 16 February 2015. I would like the Commission to respond in particular to this point and point out how exactly the framework agreement passes the test of being commercially so sensitive it can not be released to the public.

Yours faithfully,

Alexander Fanta

ve_sg.accessdoc (SG), Generaldirektion Informatik

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)5121342 - Your confirmatory application for access to
documents Gestdem 2020/5205

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

 

Thank you for your email dated 29 September 2020 by which you request,
pursuant to Regulation No 1049/2001 regarding public access to European
Parliament, Council and Commission documents, a review of the position
taken by DG DIGIT in reply to your initial application GESTDEM 2020/5205.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 30 September 2020
(Ares(2020)5121131).

 

Your application will be handled within 15 working days (21/10/2020). In
case this time limit needs to be extended, you will be informed in due
course.

 

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

 

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[6]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[7][email address]

 

 

 

-----Original Message-----

From: Alexander Fanta <[8][FOI #8504 email]>

Sent: Tuesday, September 29, 2020 5:24 PM

To: DIGIT ACCESS TO DOCUMENTS <[9][email address]>

Subject: Internal review of access to documents request - Interoperability
of contact tracing apps

 

Dear Informatics,

 

Please pass this on to the person who reviews confirmatory applications.

 

I am filing the following confirmatory application with regards to my
access to documents request 'Interoperability of contact tracing apps'.

 

I would like to respond to your reply dating from September 24, 2020, in
which you reject the disclosure of the e Inter-Institutional Framework
Contract DI/07790 with SAP Belgium NV/SA which falls under the scope of my
previous access-to-documents request.

 

In your reply, you state that the document in question falls under the
exception stated in Article 4(2) of Regulation 1049/2001, the protection
of commercial interests.  You argue for both the commercial interest of
the Commission and other EU institutions as well as the commercial
enterprises in question and offer the framework agreement template instead
of the actual document.

 

I would like to point out that I made my request in my role as journalist
covering the EU institutions and the interoperability framework for
contact tracing apps in particular. The framework agreement has been
subject to considerable public interest in various European countries and,
generally speaking, there clearly is strong public interest in media
scrutiny on the subject matter. Further, the Commission has insisted that
purchases made amid the Corona pandemic would be open to equal scrutiny as
other public purchases by the EU.

 

As to the specifics of the rejection of my request, DG Digit states that
needs to ensure that public money is spent in accordance with the
principle of sound financial management, and to be able to preserve its
capacity to benefit from the best conditions offered by economic
operators. The disclosure to the general public of such sensitive
information would clearly undermine the Commission’s capacity to ensure
sound financial management by obtaining the best possible value for money
in future procurement procedures and its credibility as a reliable
business partner, the Commission states.

 

First, I would like to point out that any potential business partner has
certainly heard of Regulation 1049/2001 and is aware of the legal
obligation of the Commission to share information on public purchases.
This obligation was created in the first place precisely so that the
public can make sure that, as the Commission states, public money is spent
in accordance with the principle of sound financial management. The
template I was sent does not provide sufficient information about the
details of the purchase and I would like to argue that the actual version
of the framework agreement must be released in full to allow for full
scrutiny.

 

Second, I would like to point out that with regard to commercial
interests, the European Ombudsman has found that such requests for
information pose the following problems: not all information about a
company is commercially sensitive, so a test should be performed each time
to conclude whether the exception applies in this case.  Even in a few
cases where such tests where made, the Ombudsman has found insufficient
grounds for refusal, such as Ombudsman cases 676/2008/RT 07 July 2010 and
Case: 181/2013/AN 16 February 2015. I would like the Commission to respond
in particular to this point and point out how exactly the framework
agreement passes the test of being commercially so sensitive it can not be
released to the public.

 

Yours faithfully,

 

Alexander Fanta

 

 

 

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

Please use this email address for all replies to this request:

[10][FOI #8504 email]

 

This message and all replies from Informatics will be published on the
AsktheEU.org website. For more information see our dedicated page for EU
public officials at
[11]https://urldefense.com/v3/__https://www....

 

Please note that in some cases publication of requests and responses will
be delayed.

 

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

References

Visible links
1. file:///tmp/cid:filelist.xml@01D69715.3C73D5A0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
7. mailto:[email address]
8. mailto:[FOI #8504 email]
9. mailto:[email address]
10. mailto:[FOI #8504 email]
11. https://urldefense.com/v3/__https:/www.a...

Zitierte Abschnitte verbergen

ve_sg.accessdoc (SG), Generaldirektion Informatik

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)5711376 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2020-5205

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fanta,

 

 

I refer to your email of 29 September 2020, registered on 30 September
2020, by which you submit a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents (hereafter
‘Regulation (EC) No 1049/2001’).

 

I would like to inform you that your confirmatory application is currently
being handled. Unfortunately, due to ongoing consultations, we are not in
a position to reply to your confirmatory request within the prescribed
time limit expiring on 21 October 2020.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation(EC) No 1049/2001. The new
deadline expires on 12 November 2020.

 

Yours sincerely,

 

 

María OLIVÁN AVILÉS
Head of Unit

 

[6]cid:image001.gif@01D13362.41D673C0

 

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6A7B4.772FEDF0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

ve_sg.dsg2.e1(SG), Generaldirektion Informatik

2 Attachments

  • Attachment

    corrig reply 5225.pdf

    354K Download View as HTML

  • Attachment

    Ares 2020 3781989 EDPB Statement on the data protection impact of the interoperability of contact tracing apps 1 Redacted.pdf

    72K Download View as HTML

Please find attached document Ares(2020)6561267 from WATSON John (SG.DSG2.E) dated 10/11/2020.

SG-GREFFE-CERTIFICATION@ec.europa.eu, Generaldirektion Informatik

6 Attachments

Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2020)8988, as adopted by the European Commission on 8.12.2020.
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Generaldirektion Informatik

1 Attachment

Dear Mr Fanta,
 
Unless we are mistaken, we have not received your confirmation of receipt
regarding the message addressed to you on the 9.12.2020.
 
Could you please check and confirm the receipt of the message as well as
the attached documents?
 
Many thanks in advance for your help.
 
Kind regards,
Oana Boldis
 
 
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 
 
 
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Wednesday, December 9, 2020 7:32 PM
To: '[FOI #8504 email]'
<[FOI #8504 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: C(2020)8988
 
 
Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2020)8988, as adopted by the European Commission on 8.12.2020.
 
<< File: 1_EN_ACT_part1_v2.pdf >>  << File:
1_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>  << File:
2_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>  << File:
3_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>  << File:
4_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached document by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear [email address],

thank you, I have received the documents.

Yours sincerely,

Alexander Fanta