LEONARDO CERVERA NAVAS
DIRECTOR
Mrs Nicole MAES
by email only: ask+request-8729-
xxxxxxxx@xxxxxxxx.xxx
Brussels, 8 February 2021
LCN/TT/ktl/D(2021)0249
C 2020-1124
Please use xxxx@xxxx.xxxxxx.xx for all
correspondence
Subject:
Your request for access to documents under Regulation (EC) 1049/2001
Dear Mrs Maes,
By letter of 14 January 2020, we informed you that the EDPS cannot provide you with access
to the documents related to your request of access to documents linked to EDPS mapping
exercise and DPIA as they fall within the exceptions of art. 4(3) of Regulation 1049/2001.
On 22 January 2021, you submitted a confirmatory application, reiterating your request for
access to documents by arguing that i) “
the report that yourself confirmed exists must be
considered as final; hence it cannot fall under the exception of art. 4(3)”, ii) EDPS did not
provide the status or information if any other document exists at all, iii) “
the exceptions of art.
4(3) of Regulation 1049/2001 cannot apply” as EDPS “
did not provide any argument or
explanation at all on why disclosure would seriously undermine the decision making process”
and iv) existence of
“overriding public interest for disclosure”.
We have carefully re-examined your request and your arguments. EDPS understands the need
of the public for information and fully supports it by addressing all issues of interest via the
available information channels. However, in your particular request, we remain at our initial
position that the documents in question fall under art. 4(3) of Regulation 1049/2001. The
specifically requested documents, although under different circumstances could be regarded as
finalised state, are integral and inseparable part of a larger ongoing decision-making process.
Revealing the documents at this stage will serious undermine the trust and spirit of cooperation
among the European Institutions and will jeopardise the outcome of the process. Consequently,
the harm to the interests of the public will be greater than any possible benefits. Of course, after
adopting the final decision on the matter, all documents related to it shall be publicly available.
As regards of any other documents that may fall within the scope of your request, we cannot
confirm their existence or number as they are part of ongoing procedures and thus their status
or number is still pending.
Postal address: rue Wiertz 60 - B-1047 Brussels
Offices: rue Montoyer 30 - B-1000 Brussels
E-mail: xxxx@xxxx.xxxxxx.xx - Website: www.edps.europa.eu
Tel.: 32 2-283 19 00 - Fax : 32 2-283 19 50
Finally, please note that pursuant to Article 8(1) of the Regulation (EC) 1049/2001, you are
entitled to make a complaint to the European Ombudsman or institute proceedings before the
Court of Justice of the European Union against the EDPS, under the conditions laid down in,
respectively, Article 228 and 263 of the Treaty on the Functioning of the European Union.
Yours sincerely,
Data Protection Notice
According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the Regulation) 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, we are processing your personal data, where
proportionate and necessary, for the purpose of answering your request. The legal base for this
processing operation is Regulation (EC) 1049/2001 and Article 52(4) of the Regulation (EU)
2018/1725. Subject to applicable rules under EU legislation, the personal data relating to you, as
provided in your request as well as personal data that might be collected while processing your request,
are used solely for the purpose of replying to your request. EDPS staff members dealing with the request
will have access to the case file containing your personal data on a need-to-know basis. All access to
case files is logged. Your personal data are not disclosed outside the EDPS. Your personal data will be
stored electronically for a maximum of ten years after the closure of the case, or as long as the EDPS
is under a legal obligation to do so. You have the right to access your personal data held by the EDPS
and to relevant information concerning how we use it. You have the right to rectify your personal data.
Under certain conditions, you have the right to ask that we delete your personal data or restrict its use.
We will consider your request, take a decision and communicate it to you. For more information, please
see Articles 14 to 21, 23 and 24 of the Regulation. Please note that in some cases restrictions under
Article 25 of the Regulation may apply. Any request to exercise your rights should be addressed to the
EDPS at xxxx@xxxx.xxxxxx.xx. You may contact the data protection officer of the EDPS (EDPS-
xxx@xxxx.xxxxxx.xx), if you have any remarks or complaints regarding the way we process your
personal data. You have the right to lodge a complaint with the EDPS, as supervisory authority. Any
such request should be addressed to the EDPS at xxxx@xxxx.xxxxxx.xx. You can reach the EDPS in the
following ways: E-mail: xxxx@xxxx.xxxxxx.xx; EDPS postal address: European Data Protection
Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium. For more information, please refer to the
extended
version
of the
data
protection
notice
available on the
EDPS
website:
https://edps.europa.eu/data-protection/our-work/publications/other-documents/requests-access-
documents_en.
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