Ref. Ares(2022)1180918 - 17/02/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
The Director
Brussels
SG.D.1/TKV
Naomi Hirst
Global Witness
Rue Belliard 53
1000 Bruxelles
By email:
ask+request-10573-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms Hirst,
Subject:
Your application for access to documents – GESTDEM 2022/0469
We refer to your e-mail of 20 January 2022 in which you make a request for access to
documents, registered on 20 January 2022 under the above-mentioned reference number.
You request access to ‘
all documents—including but not limited to correspondence,
emails, minutes, notes (hand written or electronic), audio or video recordings, verbatim
reports, operational conclusions, lines to take, briefings, and presentations—related to
the meeting on 2021-12-06 between Věra Jourová and Facebook Ireland Limited’.
Your application concerns the following document/documents:
-
Ares(2021)7577263 – Flash report: Meeting between Ms Jourova and Meta
Platforms/Facebook, 06/12/2021, (hereafter ‘document 1’);
-
Briefing for Vice President Věra Jourová: Meeting with Meta Platforms1, (hereafter
‘document 2’).
The full disclosure of the identified documents is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001, because they contain personal data.
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced. In your request, you do not
1
Meta Report originally attached to briefing can be found her
e: https://about.fb.com/wp-
content/uploads/2021/12/November-2021-CIB-Report.pdf
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
express any particular interest to have access to these personal data nor put forward any
arguments to establish the necessity to have the data transmitted for a specific purpose in the
public interest.
Consequently, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access cannot
be granted to the personal data contained in the requested documents, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is no
reason to think that the legitimate interests of the individuals concerned would not be
prejudiced by disclosure of the personal data concerned.
Moreover, having examined the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I have come to the conclusion
that document 2 may be partially disclosed. Some parts of document 2 have been blanked
out as their disclosure is prevented by exceptions to the right of access laid down in Article
4(1) third indent, and Article 4(2) third indent, and Article 4(3) first subparagraph of this
regulation.
The redacted parts of document 2 relate to ongoing litigation (T-709/21), ongoing national
investigations, on-going international negotiations, and protection of the decision-making
process.
Disclosure of these parts would interfere with the task of data protection authorities to
independently and effectively investigate and enforce compliance with the General Data
Protection Regulation, as it would expose those authorities to the risk of coming under
outside pressures. It could also put at risk the mutual trust between the parties of the
negotiations and ongoing cooperation with other institutions. It may have a serious adverse
effect on ongoing talks as well as future cooperation.
The exception laid down in Article 4(2), third indent of Regulation 1049/2001 must be
waived if there is an overriding public interest in disclosure. Such an interest must, firstly,
be public and, secondly, outweigh the harm caused by disclosure. In your request, you do
not put forward any reasoning pointing to an overriding public interest in disclosing the
document requested. Nor have we been able to identify any public interest capable of
overriding the public and private interests protected by Article 4(2), third indent, and Article
4(3), second subparagraph, of Regulation 1049/2001.
Furthermore, the disclosure of the redacted parts would undermine the protection of the
decision-making process of the Commission in relation to political advertising, as it would
reveal preliminary views and policy options which are currently under consideration. The
Commission's services must be free to explore all possible options in preparation of a
decision free from external pressure. Therefore the exception laid down in Article 4(3) first
subparagraph of Regulation (EC) No 1049/2001 applies to this document.
Please also note that document 1 was drawn up for internal use under the responsibility
of the Cabinet of Vice President Věra Jourová. It solely reflects the Cabinet’s
interpretation of the interventions made and does not set out any official position of the
third party to which the document refers, which was not consulted on its content. It does
not reflect the position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit a confirmatory application requesting the
Commission to review this position.
2
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Elisabeth WERNER
(acting) Director
Enclosure:
Disclosed documents
3
Electronically signed on 17/02/2022 09:34 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482