Ref. Ares(2020)4269168 - 14/08/2020
EUROPEAN COMMISSION
BUDGET
Strategic Coordination and Communication
Brussels, 14 August 2020
BUDG.03/AJ/budg.03(2020)4879600
Vicky Cann
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Brussels
ask+request-8284-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2020/4027
Dear Ms Cann,
We refer to your e-mail of 2 July 2020 in which you make a request for access to
documents, registered on 3 July 2020 under the above-mentioned reference number.
You request access to a list of all lobby meetings (including phone calls, conference calls
etc.) since 1 January 2019 where the EU’s Digital Services Tax proposal, or the OECD’s
negotiations on a similar tax, were discussed. You also request access to any emails or
other correspondence related to proposals for a Digital Services Tax received or sent
since 1 January 2019.
Your application concerns the following documents:
Cover e-mail from the Centre for European Policy Studies (CEPS) to
Commissioner Oettinger, 21 March 2019 (Ares(2019)1946367)
Letter to Commissioner Oettinger to thank him for speaking at the CEPS Ideas
Lab, 21 March 2019 (Ares(2019)1946367)
“What Comes After the Last Chance Commission? Policy Priorities for 2019-
2024”, 14 February 2019 (Ares(2019)1946367)
With regard to the first two 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 and contact information of Commission staff members not pertaining
to the senior management;
the names and contact details of other natural persons;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BRE2 13/486 - Tel. direct line +32 229-93733
xxxx.xxxxxxxxxxxx@xx.xxxxxx.xx
handwritten signatures of 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.
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.
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.
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
Yours faithfully,
[e-signed]
Anna JAROSZ‑ FRIIS
Head of Unit
2
Electronically signed on 14/08/2020 11:02 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563