Request of FOIA for the GTP@EC
Dear Informatics,
am writing to request access to documents under Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. Specifically, I seek access to the following documents and information related to the use and development of GPT@EC:
- A list of chatbots and large language models and GenAI models currently accessible via GPT@EC.
- Copies of the subscription contracts signed between DG Digit and the companies developing chatbots and other generative AI models connected to GPT@EC.
- Copies of correspondence between DG Digit, the Joint Research Centre (JRC), and the developers of generative AI models related to GPT@EC concerning the implementation and development of GPT@EC and GPT@JRC.
- Copies of any procurement calls, direct awards, technical specifications, and assignments for software and hardware technologies related to GPT@EC.
- Copies of privacy assessments and evaluations, including any correspondence with the European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB), as well as their responses.
- Copies of the privacy and cybersecurity technical rules adopted, along with the user manual distributed to employees and consultants of the European Commission who have access to GPT@EC.
- Copies of agreements regarding the use of information, confidentiality, and data usage for the training of generative AI systems, adopted by DG Digit or other relevant bodies of the Commission, with the developers of generative AI systems connected to GPT@EC.
I appreciate your time and assistance in processing this request. Should you require any further clarification or have questions regarding the scope of the request, please do not hesitate to contact me. I look forward to receiving your response within the timeframe established by Regulation (EC) No 1049/2001.
Thank you for your attention to this matter.
Yours faithfully,
Luca Zorloni
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 17/10/2024 and registered on 17/10/2024 under case number 2024/5546.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Digital Services - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 17/10/2024 and registered on 17/10/2024 under the case number
2024/5546.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 08/11/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Digital Services - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr. Zorloni,
We are writing concerning your request for access to Commission documents
registered on 17th of October 2024 under case number EASE 2024/5546.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 8th of November 2024.
Your application concerns a large number of documents, for which third
parties and different Services have to be consulted.
Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 29th of November 2024.
We apologise for any inconvenience this may cause.
Kind regards,
DIGIT Access to Documents' Team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Mr. Zorloni,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/5546.
Please acknowledge the receipt of this message by return email.
Kind regards,
DIGIT Access to documents team