Ref. Ares(2024)665264 - 29/01/2024
Ref. Ares(2024)665456 - 29/01/2024
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
Unit 01: International affairs and data flows
Brussels, 29 January 2024
JUST.01
Samuel Stolton
Sent by e-mail to: ask+request-
xxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to documents – case number 2023/5599
Dear Mr Stolton,
We refer to your request for access to documents of 27 September 2023, registered under
the above-mentioned reference number.
1. IDENTIFICATION OF RELEVANT DOCUMENTS
Please note that due to the wide scope of your request, covering also areas falling under
the responsibility of other services, parts of your request have been attributed to the
Directorate-General for Communications Networks, Content and Technology and to the
Directorate-General for Competition. Their reference numbers are EASE 2023/6843 and
EASE 2023/5584 respectively.
This reply relates only to the documents held by the Directorate-General for Justice and
Consumers. You will receive the replies from the other respective Directorates-General
in due course.
We have identified the following documents as falling within the scope of your request:
- Briefing for Commissioner Reynders meeting with Apple CEO, Tim Cook on 26
September 2023 and its addendum on consumers issues – CAB
REYNDERS/1943.
- Minutes of Commissioner Reynders meeting with Apple CEO, Tim Cook on 26
September 2023 - Ares(2024)539898.
- Correspondence between the Cabinet of Commissioner Didier Reynders and the
European Government Affairs Department at Apple - Ares(2024)539687.
2. ASSESSMENT OF IDENTIFIED DOCUMENT
Following an examination of the documents, I have come to the conclusion that they may
be partially disclosed. Full disclosure is prevented by exceptions to the right of access
laid down in Article 4 of this Regulation, notably Article 4(1)(b) of Regulation (EC) No
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË
1049/2001, because it contains the names/initials of natural persons; the names/initials
and contact information of Commission staff members not pertaining to the senior
management; and other information relating to an identified or identifiable natural person
(curriculum vitae).
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.
3. RIGHT TO MAKE A CONFIRMATORY APPLICATION
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:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx We would therefore appreciate if you could confirm receipt of the present e-mail by
replying to:
xxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Bruno GENCARELLI
Head of Unit
[e-signed]
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 29/01/2024 16:25 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
