Ref. Ares(2022)1276327 - 21/02/2022
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Directorate C: Fundamental rights and rule of law
Unit C.4: International data flows and protection
Brussels, 17 February 2022
Rue Belliard 53
Sent by e-mail to: ask+request-
Subject: Your application for access to documents – GESTDEM 2022/0945 and
Dear Ms. Hirst,
We refer to your requests for access to documents of 11 February 2022, registered under
the above-mentioned reference numbers.
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 2022-01-11 between Geneviève Tuts and Lucrezia Busa and Facebook
Your application concerns the following documents:
1. Minutes from the meeting between Commissioner Reynders and Meta of 11
January 2022 (Ares(2022)912394);
2. E-mail exchanges between the Cabinet of Commissioner Reynders and Meta
With regard to the documents listed above, a complete 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 the following personal data:
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
the names/initials and contact details of other natural persons.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË — Tel. +32 22991111
Article 9(1)(b) of the Data Protection Regulation1 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 express any particular interest to have access to these personal data nor do you put
forward any arguments to establish the necessity to have the data transmitted for a specific
purpose in the public interest.
Consequently, I conclude that, 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.
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.
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:
Unit C.1. ‘Transparency, Document Management and Access to Documents’
B-1049 Brussels, or by email to: firstname.lastname@example.org
According to standard operational procedures, the reply is usually also sent by registered
mail. Please note, however, that due to the extraordinary health and security
measures currently in force during the COVID-19 epidemic, which include the requirement
for all Commission non-critical staff to telework, we are unfortunately not in a
position to follow this procedure until further notice.
We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to: email@example.com.
Head of Unit
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 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, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
Electronically signed on 21/02/2022 09:24 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482