Ref. Ares(2019)141135 - 10/01/2019
EUROPEAN COMMISSION
Secretariat-General
Directorate E - Single Market & Connectivity
SG.E.1 - Competitiveness, Innovation & Digital Europe
Brussels, 9 January 2019
SG/E.1/asr/isk
Mr Alexander Fanta
https://netzpolitik.org/
Schönhauser Allee 6-7,
10119 Berlin, Germany
Email-reply as per request:
ask+request-6168-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents: Ref GestDem N° 2018/6618
Dear Mr Fanta,
We refer to your request for access to documents, registered on 11 December 2018 under
the above-mentioned reference number.
Your e-mail requested access to documents, as follows:
[…]
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:
- minutes, correspondence and other documents relating to the meeting of
Vivian Loonela with Huawei Technologies on September 22, 2017
- minutes, correspondence and other documents relating to the meeting of
Carl-Christian Buhr with Huawei Technologies on September 11, 2017
- minutes, correspondence and other documents relating to the meeting of
Vice-President Andrus Ansip with Huawei Technologies on June 6, 2017
[…]
You have also been informed that your request has been re-attributed to two
Directorates-Generals, and that the Secretariat-General will deal with the part that refers
to Vice-President Andrus Ansip and Ms Vivian Loonela.
We have identified one document related to your request, for partial disclosure, as follows:
-
Exchange of emails between Huawei and the Cabinet of Vice- President Ansip
for organizing a meeting
Ares(2017)2570129, 2 pages
You will find the document mentioned as attachment to this reply.
European Commission, 1049 Brussels, Belgium - Tel. +32 22991111
, http://ec.europa.eu/dgs/secretariat_general/
Part of the document to which you have requested access contains personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has to
be refused if its 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. The applicable legislation in this field is Regulation (EC) No
45/2001 of the European Parliament and of the Council 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.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable. According to Article 8(b) of this Regulation, personal
data shall only be transferred to recipients if they establish the necessity of having the data
transferred to them and if there is no reason to assume that the legitimate rights of the
persons concerned might be prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and that it cannot be assumed
that such disclosure would not prejudice the legitimate rights of the persons concerned.
Therefore, we are disclosing the documents requested without this personal data.
If you wish to receive these personal data, we invite you to provide us with arguments
showing the need for having these personal data transferred to you and the absence of
adverse effects to the legitimate rights of the persons whose personal data should be
disclosed.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, 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-C1
BERL 5/282
B-1049 Bruxelles
or,
by email to
: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
[e-Signed]
Olivier Girard
Head of Unit
2