Ref. Ares(2020)7333461 - 04/12/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
Resources and Support
Compliance and Planning
Brussels
CNECT.R.4
Samuel Stolton
EURACTIV Brussels
International Press Centre
Boulevard Charlemagne 1
1041 Bruxelles
Only per e-mail: ask+request-8782-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your access to documents request RefGestDem 2020/6989
Dear Mr Stolton,
We refer to your e-mail from 17 November 2020 wherein you make a request for access
to documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to European Parliament, Council
and Commission documents (hereinafter ‘Regulation 1049/2001’), registered under the
abovementioned reference number.
1.
SCOPE OF YOUR APPLICATION
You requested access to the following document:
‘- All communication between Google and the Commissioner of the Internal Market
Thierry Breton and /or members of his team and cabinet, on the subject of Google's
'campaign' to discredit the Commissioner, as outlined in the Financial Times:
https://urldefense.com/v3/__https://www.ft.com/content/d9d05b1e-45c0-44b8-a1ba-
3aa6d0561bed__;!!DOxrgLBm!R0IwBv304wnmk1aP3qOLoMFcwnu_JHVtLPv6kzmZN
O1PDEDFr5OUlXMSfzt6mw8XFqCFDg$ . This could include but is not limited to, e-
mails, text messages, basis documents, memos or drafts.’
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
We identified the following document as falling within the scope of GestDem
2020/6989:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Read-out videoconference Thierry Breton and Sundar Pichai
(Ares(2020)6875601)
3.
ASSESSMENT UNDER REGULATION 1049/2001
Following an examination of the identified document under the provisions of Regulation
1049/2001, we have arrived at the conclusion that partial access can be granted to the
document identified with only personal data redacted. Full disclosure of the requested
document is prevented by the exception concerning the protection of privacy and
integrity of the individual outlined in Article 4(1)(b) Regulation 1049/2001, since it
contains the following personal data:
- the names/initials and contact information of Commission staff members not pertaining
to the senior management;
Article 9(1)(b) of the Data Protection Regulation1 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) Regulation 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.
4.
REUSE OF DOCUMENTS
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 document 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
document. Please note that the Commission does not assume liability stemming from the
reuse.
5.
CONFIRMATORY APPLICATION
In accordance with Article 7(2) of Regulation (EC) No 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 Secretariat-General of the Commission at the following address:
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 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, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
2
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
(e-signed)
Katleen Engelbosch
Head of Unit
Enclosure:
(1)
3
Electronically signed on 03/12/2020 18:17 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline