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Short-term compliance actions of EUI following Schrems II recommendations

Heiko Roth made this Informationsfreiheit request to Europäischen Datenschutzbeauftragten

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Dear European Data Protection Supervisor,

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:

1 CONTEXT of the request:

https://edps.europa.eu/sites/edp/files/p...

Section, p. 2: "As a short-term compliance action, the EDPS issued an order to EUIs, on 5 October 2020, for them to complete a mapping exercise identifying which on-going contracts, procurement procedures and other types of cooperation involve transfers of data. EUIs are expected to report to the EDPS on certain types of transfers. [...] EUIs will be asked to carry out case-by-case Transfer Impact Assessments (TIAs) to identify for the specific transfer at stake whether an essentially equivalent level of protection, as provided in the EU/EEA, is afforded in the third country of destination. [...] We will also start exploring the possibility of joint assessments of the level of protection of personal data afforded in third countries in order to provide guidance to controllers."

2 My REQUEST:

a) Documents regarding the above mentioned "mapping", received from the EUIs.

b) "Transfer Impact Assessments", received from the EUIs.

c) "Joint Assessments", received from the EUIs.

Yours faithfully,
HR

European Data Protection Supervisor, Europäischen Datenschutzbeauftragten

3 Attachments

Dear Mr Roth,

We acknowledge receipt of your request, registered on 24.01.2022. In
accordance with Article 7(1) of Regulation (EU) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 14.02.2022).

Your case number is 2022-0093.

Please note that your personal data will only be processed for the
purposes of replying to your request and in accordance with the privacy
statement set out below. More information on how the EDPS process personal
information can be found on our [1]website.

You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. The European Data Protection Supervisor is not
accountable for any technical issues or problems linked to the use of this
system.

Yours sincerely,

 

 

 

  EDPS Secretariat
[2]cid:image001.png@01D4D8CD.D37C9700
[3]| Tel. (+32) 228 31900  |
Fax +32(0)22831950  | ›  
Email  [4][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[5]Twitter [6]@EU_EDPS  
[7]Website [8]www.edps.europa.eu

This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation) 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, we are processing your
personal data, where proportionate and necessary, for the purpose of
answering your request. The legal base for this processing operation is
Regulation (EU) 1049/2001 and Article 52(4) of the Regulation (EU)
2018/1725. Subject to applicable rules under EU legislation, the personal
data relating to you, as provided in your request as well as personal data
that might be collected while processing your request, are used solely for
the purpose of replying to your request. EDPS staff members dealing with
the request will have access to the case file containing your personal
data on a need-to-know basis. All access to case files is logged. Your
personal data are not disclosed outside the EDPS. Your personal data will
be stored electronically for a maximum of ten years after the closure of
the case, or as long as the EDPS is under a legal obligation to do so. You
have the right to access your personal data held by the EDPS and to
relevant information concerning how we use it. You have the right to
rectify your personal data. Under certain conditions, you have the right
to ask that we delete your personal data or restrict its use. We will
consider your request, take a decision and communicate it to you. For more
information, please see Articles 14 to 21, 23 and 24 of the Regulation.
Please note that in some cases restrictions under Article 25 of the
Regulation may apply. Any request to exercise your rights should be
addressed to the EDPS at [9][EDPS request email]. You may contact the data
protection officer of the EDPS ([10][email address]), if you have
any remarks or complaints regarding the way we process your personal data.
You have the right to lodge a complaint with the EDPS, as supervisory
authority. Any such request should be addressed to the EDPS at
[11][EDPS request email]. You can reach the EDPS in the following ways:
E-mail: [12][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium. For more
information, please refer to the extended version of the data protection
notice available on the EDPS website:
[13]https://edps.europa.eu/data-protection/o...

 

 

 

References

Visible links
1. https://secure.edps.europa.eu/EDPSWEB/we...
3. file:///tmp/tel:+3222831900
4. mailto:[EDPS request email]
6. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
8. http://www.edps.europa.eu/
http://www.edps.europa.eu/
9. mailto:[EDPS request email]
10. mailto:[email address]
11. mailto:[EDPS request email]
12. mailto:[EDPS request email]
13. https://edps.europa.eu/data-protection/o...

TSANKOV Tsanko, Europäischen Datenschutzbeauftragten

3 Attachments

Dear Mr. Roth,

I refer to your email of 23.01.2022, in which you make a request for
access to documents under the Regulation (EU) No 1049/2001, registered
with case number 2022-0093.

Your request for access to documents concerns documents relating to:

•                “Documents regarding the above mentioned "mapping" [as
per EDPS order from 05.10.2020], received from the EUIs.

•                "Transfer Impact Assessments", received from the EUIs.

•                "Joint Assessments", received from the EUIs.”.

My analysis showed that the documents falling within the scope of your
request are over one hundred. We therefore invite you, pursuant to Article
6(2) of Regulation (EU) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents, to provide us with more
detailed information about the documents that you seek to obtain, such as
references, dates or periods during which the documents would have been
produced, etc.

Please note that in the time we are waiting for your reply we will start
dealing with the next case from your requests – 2022-0096.

Thank you in advance for your understanding.

Yours sincerely,

 

  Tsanko Tsankov
[1]cid:image001.png@01D69BD0.15A53620 Transparency Officer – EDPS Secretariat

[2]| Tel. (+32) 228 31902  | Fax +32(0)22831950  | MTS
06X038  
Email [3][email address]
European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
[4]cid:image002.png@01D6A617.F0ED7200 [5]@EU_EDPS  
[6]cid:image003.png@01D69BD0.15A53620 [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation) 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, we are processing your
personal data, where proportionate and necessary, for the purpose of
answering your request. The legal base for this processing operation is
Regulation (EU) 1049/2001 and Article 52(4) of the Regulation (EU)
2018/1725. Subject to applicable rules under EU legislation, the personal
data relating to you, as provided in your request as well as personal data
that might be collected while processing your request, are used solely for
the purpose of replying to your request. EDPS staff members dealing with
the request will have access to the case file containing your personal
data on a need-to-know basis. All access to case files is logged. Your
personal data are not disclosed outside the EDPS. Your personal data will
be stored electronically for a maximum of ten years after the closure of
the case, or as long as the EDPS is under a legal obligation to do so. You
have the right to access your personal data held by the EDPS and to
relevant information concerning how we use it. You have the right to
rectify your personal data. Under certain conditions, you have the right
to ask that we delete your personal data or restrict its use. We will
consider your request, take a decision and communicate it to you. For more
information, please see Articles 14 to 21, 23 and 24 of the Regulation.
Please note that in some cases restrictions under Article 25 of the
Regulation may apply. Any request to exercise your rights should be
addressed to the EDPS at [8][EDPS request email]. You may contact the data
protection officer of the EDPS ([9][email address]), if you have
any remarks or complaints regarding the way we process your personal data.
You have the right to lodge a complaint with the EDPS, as supervisory
authority. Any such request should be addressed to the EDPS at
[10][EDPS request email]. You can reach the EDPS in the following ways:
E-mail: [11][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium. For more
information, please refer to the extended version of the data protection
notice available on the EDPS website:
[12]https://edps.europa.eu/data-protection/o....

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[email address]
4. file:///tmp/http:/
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]
12. https://edps.europa.eu/data-protection/o...

Dear TSANKOV Tsanko,

Thank you very much for your first review result and your query. I have based the terminology of my application on that used by the EDPS himself in his public communication quoted at the beginning, namely: "mapping", "transfer impact assessments" and "joint assessments". I am therefore concerned with documents that fall under these three categories defined by the EDPS himself. I can only specify my request if you provide me with a list of the titles of the documents that you would classify under these three categories "mapping", "transfer impact assessments" and "joint assessments". I will then be happy to try to make a specification.

Yours sincerely,
HR

TSANKOV Tsanko, Europäischen Datenschutzbeauftragten

Dear Mr Roth
Perhaps, we could have a phone conversation and try to address the issue at hand.
Could you please send me a phone number where I can reach you and several dates and times that would suit you?
Thank you

 
Tsanko Tsankov
Transparency Officer – EDPS Secretariat

-----Original Message-----
From: Heiko Roth <[FOI #10621 email]>
Sent: 31 March 2022 07:28
To: TSANKOV Tsanko <[email address]>
Subject: Re: ATD Request 2022-0093 - Request for Clarification

Dear TSANKOV Tsanko,

Thank you very much for your first review result and your query. I have based the terminology of my application on that used by the EDPS himself in his public communication quoted at the beginning, namely: "mapping", "transfer impact assessments" and "joint assessments". I am therefore concerned with documents that fall under these three categories defined by the EDPS himself. I can only specify my request if you provide me with a list of the titles of the documents that you would classify under these three categories "mapping", "transfer impact assessments" and "joint assessments". I will then be happy to try to make a specification.

Yours sincerely,

HR

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

Dear Mr. Roth,

I refer to your email of 23.01.2022, in which you make a request for

access to documents under the Regulation (EU) No 1049/2001, registered

with case number 2022-0093.

Your request for access to documents concerns documents relating to:

•                “Documents regarding the above mentioned "mapping" [as

per EDPS order from 05.10.2020], received from the EUIs.

•                "Transfer Impact Assessments", received from the EUIs.

•                "Joint Assessments", received from the EUIs.”.

My analysis showed that the documents falling within the scope of your

request are over one hundred. We therefore invite you, pursuant to Article

6(2) of Regulation (EU) No 1049/2001 regarding public access to European

Parliament, Council and Commission documents, to provide us with more

detailed information about the documents that you seek to obtain, such as

references, dates or periods during which the documents would have been

produced, etc.

Please note that in the time we are waiting for your reply we will start

dealing with the next case from your requests – 2022-0096.

Thank you in advance for your understanding.

Yours sincerely,

 

  Tsanko Tsankov

[1]cid:image001.png@01D69BD0.15A53620 Transparency Officer – EDPS Secretariat

[2]| Tel. (+32) 228 31902  | Fax +32(0)22831950  | MTS

06X038  

Email [3][email address]

European Data Protection Supervisor

Postal address: Rue Wiertz 60, B-1047 Brussels

Office address: Rue Montoyer 30, B-1000 Brussels

[4]cid:image002.png@01D6A617.F0ED7200 [5]@EU_EDPS  

[6]cid:image003.png@01D69BD0.15A53620 [7]www.edps.europa.eu

This email

(and any

attachment)

may contain

information

that is

internal or

confidential.

Unauthorised

access, use or

other

processing is

not permitted.

If you are not

the intended

recipient

please inform

the sender by

reply and then

delete all

copies. Emails

are not secure

as they can be

intercepted,

amended, and

infected with

viruses. The

EDPS therefore

cannot

guarantee the

security of

correspondence

by email.

 

 

 

According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the

Regulation) 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, we are processing your

personal data, where proportionate and necessary, for the purpose of

answering your request. The legal base for this processing operation is

Regulation (EU) 1049/2001 and Article 52(4) of the Regulation (EU)

2018/1725. Subject to applicable rules under EU legislation, the personal

data relating to you, as provided in your request as well as personal data

that might be collected while processing your request, are used solely for

the purpose of replying to your request. EDPS staff members dealing with

the request will have access to the case file containing your personal

data on a need-to-know basis. All access to case files is logged. Your

personal data are not disclosed outside the EDPS. Your personal data will

be stored electronically for a maximum of ten years after the closure of

the case, or as long as the EDPS is under a legal obligation to do so. You

have the right to access your personal data held by the EDPS and to

relevant information concerning how we use it. You have the right to

rectify your personal data. Under certain conditions, you have the right

to ask that we delete your personal data or restrict its use. We will

consider your request, take a decision and communicate it to you. For more

information, please see Articles 14 to 21, 23 and 24 of the Regulation.

Please note that in some cases restrictions under Article 25 of the

Regulation may apply. Any request to exercise your rights should be

addressed to the EDPS at [8][EDPS request email]. You may contact the data

protection officer of the EDPS ([9][email address]), if you have

any remarks or complaints regarding the way we process your personal data.

You have the right to lodge a complaint with the EDPS, as supervisory

authority. Any such request should be addressed to the EDPS at

[10][EDPS request email]. You can reach the EDPS in the following ways:

E-mail: [11][EDPS request email]; EDPS postal address: European Data

Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium. For more

information, please refer to the extended version of the data protection

notice available on the EDPS website:

[12]https://edps.europa.eu/data-protection/o....

References

Visible links

2. file:///tmp/tel:+3222831900

3. mailto:[email address]

4. file:///tmp/http:/

5. http://twitter.com/EU_EDPS

http://twitter.com/EU_EDPS

7. http://www.edps.europa.eu/

http://www.edps.europa.eu/

8. mailto:[EDPS request email]

9. mailto:[email address]

10. mailto:[EDPS request email]

11. mailto:[EDPS request email]

12. https://edps.europa.eu/data-protection/o...

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

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

[FOI #10621 email]

This message and all replies from European Data Protection Supervisor will be published on the AsktheEU.org website. For more information see our dedicated page for EU public officials at https://www.asktheeu.org/en/help/officers

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

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

Zitierte Abschnitte verbergen

European Data Protection Supervisor, Europäischen Datenschutzbeauftragten

4 Attachments

Dear Mr Roth,

 

Please find attached a letter to your attention electronically signed by
Leonardo Cervera Navas on the above-mentioned subject.

 

The next request from your queue that we will process is 2022-0081. It is
the final request on the queue.

 

Best regards,

 

 

 

  EDPS Secretariat
[1]cid:image001.png@01D4D8CD.D37C9700
[2]| Tel. (+32) 228 31900  |
Fax (+32) 228 31950  |
› Email: [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu

This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

Data Protection Notice

According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation), we are processing your personal data in order to reply to
your request. The controller is the European Data Protection Supervisor
(EDPS). The legal basis for this processing operation is Article 5(1)(b)
of the Regulation, since processing is necessary for compliance with a
legal obligation to which the EDPS is subject. The data processed include
your contact details, your request, as well as personal data that might be
collected during the investigation of your request. For the EDPS, case
handlers, administrative staff and hierarchy involved in the request
handling will have access to the case file containing your personal data
on a need-to-know basis. All access to case files is logged. Your data
will only be transferred to other EU institutions and bodies or to third
parties when it is necessary to ensure the appropriate investigation or
follow up of your request. Your data will be stored by the EDPS in
electronic files until the end of the reporting period of the current year
(as a rule, until mid-next year), unless legal proceedings require us to
keep them for a longer period. Afterwards, only a brief anonymous note
will be included in a file in order to keep record of the request.

You have the right of access to your personal data and to relevant
information concerning how we use it. You have the right to rectify your
personal data. Under certain conditions, you have the right to ask that we
delete your personal data or restrict its use. We will consider your
request, take a decision and communicate it to you. For more information,
please see Articles 14 to 21, 23 and 24 of the Regulation. Please note
that in some cases restrictions under Article 25 of the Regulation may
apply. Any request to exercise your rights should be addressed to the EDPS
at [8][EDPS request email]. You may also contact the data protection
officer of the EDPS ([9][email address]), if you have any remarks
or complaints regarding the way we process your personal data. You have
the right to lodge a complaint with the EDPS, as supervisory authority.
Any such request should be addressed to the EDPS at
[10][EDPS request email]. You can reach the EDPS in the following ways:
e-mail: [11][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.

 

 

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Heiko Roth sind, bitte melden Sich an und lassen es uns wissen.