Ref. Ares(2020)3399186 - 29/06/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Better Regulation
SANTE.A.1/RMR
Mathias SCHINDLER
Bundestagsbüro Julia Reda, MdEP
Unter den Linden 50
11011 Berlin
Germany
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Mr Schindler,
Subject: Your application for access to documents – GESTDEM 2020/3432
We refer to your e-mail of 5 June 2020 in which you make a request for access to
documents, registered on 8 June 2020 under the above-mentioned reference number.
1. Scope of your request
You request access to: ‘a copy of each Access to Documents [Health and Food Safety
Directorate General] requests from 2018 and 2019 that was refused registration because
the requesting person did not provide a postal address’.
1. Identification and assessment of the relevant documents
We have identified eight documents that fall within the scope of your request.
You will find attached a table listing the identified documents and summarising the
outcome of the assessment carried out on the basis of Regulation (EC) No 1049/2001.
Having examined all the documents under the provisions of Regulation (EC) No
1049/2001 and considered the opinion of the third party, we consider that only partial
access can be granted to the documents, as their full disclosure is prevented by one
exception to the right of access laid down in Article 4 of the Regulation.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
2. Reasons for partial disclosure
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 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.
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
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.
We 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.
You may reuse public documents, which have been produced by the European
Commission or by public and private entities on its behalf based on the
Commission
Decision on the reuse of Commission documents. You may reuse the documents
disclosed free of charge and for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message
of the documents. Please note that the Commission does not assume liability stemming
from the reuse.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual
property right on them. The European Commission does not assume any responsibility
from their reuse.
3. Means of redress
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:
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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,
Carmen GARAU
Head of Unit
Enclosures (by email only): List of identified documents; documents as identified under
Section 2 of this letter.
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Electronically signed on 29/06/2020 16:52 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563