Decision on the former EBA Director's involvement with theCityUK
To the European Banking Authority,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
- The decision taken by the EBA on the former Director's request to join the Board of theCityUK
- The application filed to the EBA by AFME or Mr Adam Farkas for permission to join the Board of the CityUK.
- Any advice provided by the ACCI and the Joint Committee on the same matter.
Yours faithfully,
Kenneth Haar
Overgaden oven Vandet 12
1415 Copenhagen K
Denmark
Dear Mr Haar,
Thank you for your communication, which we acknowledge receipt of. We will be reverting within due course, pursuant to Regulation (EC) 1049/2001.
Kind regards,
Legal Unit
Dear Mr Haar,
Thank you for your email requesting access to documents pursuant to Regulation (EC) No 1049/2001. The European Banking Authority (‘EBA’) strives to be transparent and open to as great an extent possible.
Your request relates to documents which contain personal data related to Mr Adam Farkas, the EBA’s former Executive Director.
Please note that in accordance with Article 9 paragraph 1(b) of the Regulation (EU) 2018/1725 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 (‘EUDPR’), personal data shall only be transmitted to recipients established in the Union, other than Union institutions and bodies, if the 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.
Therefore, we would be grateful if you could clarify the specific purpose in the public interest for the disclosure of the requested documents. This information will enable the EBA to reconcile the right to the protection of personal data with the right of access to documents under Union law, in accordance with Article 9 paragraph 3 of the EUDPR.
Kind regards,
Legal Unit
To the European Banking Authority
Re: request to see documents concerning Mr. Farkas' involvement in theCityUK
Thank you for the letter dated 25 June.
I am not interested in Mr. Farkas' private life or his personal information. The request is filed to see how the European Banking Authority is following up on its decisions on restrictions regarding Mr Farkas activities at AFME, and more generally how the EBA approaches decisions on 'revolving doors' in the light of the Ombudsman's decision on the matter. Furthermore, theCityUK is known to be in a close working relationship with the UK government on the Brexit negotiations, which adds another dimension to the former Director's move to AFME.
It is in the public interest that information on the EBA's approach to 'conflicts of interest' and job moves is made public. Over the past couple of years, Mr. Farkas has handled a plethora of highly important matters, including money laundering, capital requirements and Brexit. To inquire what precautions the EBA has taken seems fair.
No information on the above appears to be available on the EBA's website, nor in the minutes of the meetings of the Management Board, which supposedly made a decision on the matter.
Yours sincerely,
Kenneth Haar
Dear Mr Haar,
Thank you for your email requesting access to documents pursuant to Regulation (EC) No 1049/2001. The European Banking Authority (‘EBA’) strives to be transparent and open to as great an extent possible.
As regards your request for access to documents which contain information on the decision taken by the EBA on the former Director's request to join the Board of TheCityUK, the application filed to the EBA by AFME or Mr Adam Farkas for permission to join the Board of TheCityUK, and any advice provided by the ACCI and the Joint Committee on the same matter, please find attached the following documents:
- Decision of the European Banking Authority of 27 May 2020 concerning prohibition on engagement in an occupational activity EBA/DC/2020/329;
- Notification Engagement in an occupation after leaving the European Banking Authority.
- Opinion of the EBA’s Joint Committee of 5 May 2020 EBA JS 2020 01.
Please note that the attached documents have been redacted where personal data are concerned.
We trust this is to your satisfaction. Should you not be satisfied with our reply, you may consider your right to a confirmatory application pursuant to Regulation (EC) No 1049/2001.
Yours faithfully,
Legal Unit
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