Ref. Ares(2014)1960689 - 16/06/2014
EUROPEAN COMMISSION
DG Employment, Social Affairs and Inclusion
The Director General
Brussels,
EMPL D2/EF/elg
Mr Arun Dohle
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Sir,
Subject:
Your application for access to documents - Ref GestDem N° 2014/1639
Proposal for a fair Solution under Article 6(3) of the Regulation
We refer to your e-mail dated 12 May 2014 in which you agreed to narrow down the
scope of your request for access to "
all documents/correspondence related to EU funding
provided to the NGO Eurochild" to grant agreements between the European Commission
(DG EMPL) and Eurochild for the years 2004-2014.
1.
DOCUMENTS TO BE DISCLOSED
I am pleased to provide you with the following documents:
Framework partnership agreements:
- VS/2007/0683
- VS/2010/0607
- VS/2013/0471
Grant agreements:
- VS/2004/0171
- VS/2005/0126
- VS/2005/0703
- VS/2006/0759
- VS/2007/0396
- VS/2007/0519
- VS/2008/0072
- VS/2008/0622
- VS/2009/0581
- VS/2010/0854
- VS/2011/0524
- VS/2012/0509
- VS/2014/0128
2.
PROTECTION OF THE PRIVACY AND INTEGRITY OF INDIVIDUALS
Article 4(1)(b) of the Regulation provides that "[t]
he institutions shall refuse access to a
document where disclosure would undermine the protection of privacy and the integrity
of the individual, in particular in accordance with Community legislation regarding the
protection of personal data".
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
According to this legislation1
“'personal data’ shall mean any information relating to an
identified or identifiable natural person (…)”. This term undoubtedly covers the name, e-
mail address as well as any information relating to the citizen capable of identifying him
or her.
According to Article 2(b) of Regulation 45/2001, ‘
processing of personal data’ includes,
amongst others, “
disclosure by transmission, dissemination or otherwise making
available”.
My services asked Eurochild's opinion about the release of the documents, in view of the
exceptions of Article 4 §1 and §2 of Regulation No 1049/2001 on public access to
documents.
Eurochild has agreed to the release of all documents but expressed its concerns about the
release of names and salary of staff members and expressed the wish to see their privacy
respected. Such a request is compatible with the provision of Article 4§1 (b) of
Regulation 1049/2001which makes an exception to the release of documents that would
undermine the protection of the privacy of individuals in accordance with Regulation No
1045/2001 on the protection of personal data.
Therefore, names and personal data have been expunged of the documents provided. In
the same vein, banking details regarding Eurochild have been removed.
3.
MEANS OF REDRESS
Finally, I draw your attention to the means of redress available against this position. In
accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/327
B-1049 Bruxelles
or by email to
: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Michel Servoz
1
Article 2(a) of Regulation (EC) No 45/2001 of 18 December 2000 on the protection of individuals
with regard to the processing of personal data by the Community institutions and bodies and on
the free movement of such data, OJ L 8 of 12.1.2001, p. 1
2
Document Outline