Reply to GESTDEM 2021 3702.pdf

Ref. Ares(2021)4140602 - 24/06/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MOBILITY AND TRANSPORT

Directorate B - Investment, Innovative & Sustainable Transport
  B.4 - Sustainable & Intelligent Transport
Brussels
MOVE.DDG1.B.4/KH/move.ddg1.b.4(2021)

PACE Barnaby
GLOBAL WITNESS
Rue Belliard 53
1000 Bruxelles
Belgique


sent by e-mail with request for
acknowledgement of receipt:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx

Subject:
Your application for access to documents – GESTDEM 2021/3702

Dear Sir,
We refer to your application dated 20 May 2021 in which you make a request for access
to documents, registered on 7 June 2021 under the abovementioned reference number

You request access to the following:
“All  documents—including  but  not  limited  to  correspondence,  emails,  minutes,
notes  (hand  written  or  electronic),  audio  or  video  recordings,  verbatim  reports,
operational conclusions, lines to take, briefings, and presentations—related to the
meeting on May 18 between Filip Alexandru Negreanu Arboreanu and GRTgaz.”.

Having  examined  your  request,  we  have  identified  the  following  documents  as  falling
within the scope of your application:
  E-mail exchange between a representative of GRTgaz, staff and members of the
Cabinet of Commissioner Vălean between 24 March and 17 May 2021;
  Letter from a representative of GRTgaz to request a meeting with Commissioner
Vălean, sent as an attachment to the e-mail of 24 March 2021.

Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001  regarding  public  access  to  European  Parliament,  Council  and  Commission
documents1  (hereinafter  ‘Regulation  (EC)  No  1049/2001’),  we  have  come  to  the
conclusion that the documents may be partially disclosed. Some parts of the documents

1  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 (OJ L 145, 31.05.2001, p. 43).

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË

have been redacted, as their disclosure is prevented by the exception to the right of access
laid down in Article 4(1)(b) of this Regulation.
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;
-  other  information  relating  to  identified  or  identifiable  natural  persons,  in
particular references to functions of natural persons, to the extent that these would
enable their identification.
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 European Union legislation regarding
the protection of personal data.
The  applicable  legislation  in  this  field  is  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/EC2  (hereinafter  ‘Regulation  (EU)  2018/1725’,  or
‘Data Protection Regulation’).
In  particular,  Article  3(1)  of  Regulation  (EU)  2018/1725  provides  that  personal  data
‘means any information relating to an identified or identifiable natural person […]’. The
Court  of  Justice  has  specified  that  any  information,  which  by  reason  of  its  content,
purpose or effect, is linked to a particular person is to be considered as personal data3.

In its judgment in Case C-28/08 P (Bavarian Lager)4, the Court of Justice ruled that when
a  request  is  made  for  access  to  documents  containing  personal  data,  the  Data  Protection
Regulation becomes fully applicable5.

Pursuant  to  Article  9(1)(b)  of  Regulation  (EU)  2018/1725,  ‘personal  data  shall  only  be
transmitted to recipients established in the Union other than Union institutions and bodies if
‘[t]he  recipient  establishes  that  it  is  necessary  to  have  the  data  transmitted  for  a  specific
purpose in the public interest and the controller, where there is any reason to assume that the
data subject’s legitimate interests might be prejudiced, establishes that it is proportionate to
transmit the personal data for that specific purpose after having demonstrably weighed the
various competing interests’.

2 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
(OC L 205 of 21.11.2018, p. 39).
3 Judgment of the Court of Justice of the European Union of 20 December 2017 in Case C-434/16, Peter Nowak v Data
Protection Commissioner, ECLI:EU:C:2017:994, paragraphs 33-35.
4 Judgment of 29 June 2010 in Case C-28/08 P, Commission v Bavarian Lager, ECLI:EU:C:2010:378, paragraph 63.
5 Whereas this judgment specifically related to 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, the principles set out therein are also applicable under the
new data protection regime established by Regulation (EU) 2018/1725.
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Only  if  these  conditions  are  fulfilled  and  the  processing  constitutes  lawful  handling,  in
accordance  with  the  requirements  of  Article  5  of  Regulation  (EU)  2018/1725,  can  the
transmission of personal data occur.
According to Article 9(1)(b) of the Regulation (EU) 2018/1725, the European Commission
has  to  examine  the  further  conditions  for  a  lawful  processing  of  personal  data  only  if  the
first condition is fulfilled, namely if the recipient has established that it is necessary to have
the data transmitted for a specific purpose in the public interest. It is only in this case that
the European Commission has to examine whether there is a reason to assume that the data
subject’s  legitimate  interests  might  be  prejudiced  and,  in  the  affirmative,  establish  the
proportionality of the transmission of the personal data for that specific purpose after having
demonstrably weighed the various competing interests.
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.  Therefore,  the  European
Commission  does  not  have  to  examine  whether  there  is  a  reason  to  assume  that  the  data
subject’s legitimate interests might be prejudiced.
Notwithstanding the above, please note that there are reasons to assume that the legitimate
interests of the data subjects concerned would be prejudiced by disclosure of the personal
data reflected in the documents, as there is a real and non-hypothetical risk that such public
disclosure would harm their privacy and subject them to unsolicited external contacts.
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.
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 Secretary-General of the Commission, at the following address:
European Commission
Secretariat-General
‘Transparency, Document Management & Access to Documents (SG.C.1)’
BERL 7/076
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx.
The COVID-19 outbreak undoubtedly has an impact on the process of handling access to
documents  requests  under  Regulation  (EC)  No  1049/2001.  Given  the  large-scale
teleworking  of  the  Commission  services,  all  replies,  which  should  normally  be  sent  via
registered  post,  currently  are  sent  only  by  e-mail.  In  this  regard,  we  kindly  ask  you  to
confirm receipt of this email.

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Yours faithfully,
Kristian HEDBERG
Head of Unit

Enclosure:
E-mail exchange between a representative of GRTgaz, staff and members of the
Cabinet of Commissioner Vălean between 24 March and 17 May 2021;

Letter from a representative of GRTgaz to request a meeting with Commissioner
Vălean, sent as an attachment to the e-mail of 24 March 2021.

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Electronically signed on 24/06/2021 14:00 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482