Electronic Exchange of Social Security Information (EESSI) - personal data protection

Mr. Aris KOLIMATSIS made this access to documents request to Employment, Social Affairs and Inclusion

The request was successful.

From: Mr. Aris KOLIMATSIS

Delivered

Dear Employment, Social Affairs and Inclusion (EMPL),

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:

Referring to the Electronic Exchange of Social Security Information (EESSI), http://ec.europa.eu/social/main.jsp?catI..., this application concerns documents drawn up or held by DG EMPL. The term 'data controller' is according to article 1 second indent of the Commission Decision 597/2008 of 22/7/2008 (Official Journal L 193 page 7).

Copies of the following documents concerning EESSI are kindly requested.

1. The DG EMPL drafted documents concerning EESSI that were submitted to the Data Protection Officer (hereafter 'the DPO') via the 'on line notification system' of article 11 of Decision 597/2008, including all annexes and appendices thereto. The documents directly relate to the EESSI prior notification of article 25 of Regulation No 45/2001.

2. Inasmuch they are distinct from the documents under (1) above, he DG EMPL drafted documents concerning EESSI that were submitted to the DPO as the "EESSI prior notification" and entered in the register of processing operations of article 4 of Decision 597/2008, including all annexes and appendices thereto.

3. Notwithstanding requests #1 and #2 above, the detailed questionnaire the EESSI data controller filled in and dispatched to the DPO, including all annexes and appendices thereto. It is expected that the questionnaire will be similar to the DG RTD DPO-3398.1 questionnaire, Annex 1 of Ares(2011)475763 - 02/05/2011, released under DG RTD GestDem 2013/3351. The questionnaire is found in the ZIP file http://www.asktheeu.org/en/request/587/r..., file "Annex 1.pdf".

4. The documents drawn up by the DG EMPL Data Protection Coordinator about EESSI.

5. The documents the EESSI data controller addressed to the DPO about EESSI - if any, and not falling under the requests #1 - #4 above. Such a document might concern the EDPS prior check about EESSI.

6. Correspondence between the EESSI data controller and the DG EMPL Data Protection Coordinator.

7. Any documents DG EMPL addressed to the Administrative and Technical Commissions overseeing EESSI, as well as any Working Groups under the authority of those two Commissions, about the fundamental right of personal data protection and the EESSI processing operations.

It is noted that all requested documents are directly linked with the fundamental right of personal data protection and therefore their full release is subject to an overriding public interest.

Yours faithfully,

Mr. Aris KOLIMATSIS

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Employment, Social Affairs and Inclusion


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Dear Mr Kolimatsis,

 

Thank you for your e-mail dated 22/10/2013 registered on 22/10/2013. I
hereby acknowledge receipt of your request for access to documents (ref.:
GESTDEM 2013-5224).

 

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days (13/11/2013).

 

Yours sincerely,

 

Paul SIMON
European Commission - Secretariat General
Unit SG.B.5, Transparency

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Attachment Mr Kolimatsis.pdf.pdf
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From: Mr. Aris KOLIMATSIS

Delivered

Dear Employment, Social Affairs and Inclusion (EMPL),

Thank you for the two Ares(2013)3450272 - 11/11/2013 and Ares(2013)3624284 - 03/12/2013 informing me the status of the initial response.

I would like to take this opportunity to say that in request #7 the correct reference is the "Administrative and Technical Committees" instead of the "Administrative and Technical Commissions".

Yours faithfully,

Mr. Aris KOLIMATSIS

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Employment, Social Affairs and Inclusion


Attachment lettre sign e.pdf.pdf
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Attachment Notification DPO 3326.1.pdf.pdf
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Attachment EESSI overview.pdf.pdf
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Attachment 11 419en.doc.pdf
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Attachment 11 419en ANN.pdf.pdf
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Attachment 11 632en.doc.pdf
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Attachment 11 632en ANN.pdf.pdf
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From: Mr. Aris KOLIMATSIS

Delivered

Dear Employment, Social Affairs and Inclusion (EMPL),

This email is a confirmatory application. I would appreciate if you would forward it to the Secretariat-General.

******

Dear Secretariat-General

The present document is a confirmatory application under Regulation 1049/2001. It concerns the application GestDem 2013/5224 for which DG EMPL provided the initial response by way of the letter Ares(2013)3797346 - 23/12/2013 and annexes thereto.

The confirmatory application concerns requests #1 - #3.

The fundamental point about the confirmatory application is that the released prior notification DPO-3326.1 is most likely a cut-down version of the prior notification entered in the IT system of the Data Protection Officer ('Officer').

1. PROBABLE EXISTENCE OF MORE 'VERSIONS' OF DPO-3326.1

It is noted that the released DPO-3326.1:

Was created on 13/12/2010.
Was registered on 9/12/2011.
Was last modified on 19/03/2012.

It is obvious that DPO-3326.1 underwent modifications. Otherwise, the dates of creation and last modification would not have been 15 months apart. Consequently, it is likely that there is at least one document directly associated with the modifications. Put differently, it is very probable that there are two distinct versions of DPO-3326.1, even if that means that a single line was modified. It follows that DG EMPL ought to have granted access to two, or more, successive 'versions' of DPO-3326.1.

In view of the above, it cannot be excluded that DG EMPL did not overlook 'earlier versions' of the prior notification.

2. FULL VERSIONS OF PRIOR NOTIFICATIONS

In the application GestDem 2013/4985 the Officer granted full access to the questionnaires that data controllers were filling in in the process of drawing up prior notifications.

Until the 25th of January 2012, the questionnaire had 37 headings http://www.asktheeu.org/en/request/857/r....

The DPO granted full access to the training support document entitled 'The DPO Websites and the Information System(IS) NDPO&R Training Support' http://www.asktheeu.org/en/request/857/r....

Reading together the 37 headings questionnaire and the training support document it becomes evident that it was simply impossible to enter a prior notification in 2010-2011 without filling in the 37 headings questionnaire. Even if some headings were left blank, the prior notification had 37 headings.

DG RTD grated access to the 37 headings questionnaire of DPO-3398 in GestDem 2013/3351. This was expressly mentioned in the initial application.

The culmination of the above arguments is the conclusion that there is a 37 headings questionnaire of DPO-3326.1 that DG EMPL did not release.

3. CONFIRMATORY APPLICATION

It is respectfully suggested that somehow the 37 headings DPO-3326.1 filled in questionnaire(s) 'has fallen in between the cracks'.

The confirmatory application concerns requests #1 - #3.

Yours faithfully,

Mr. Aris KOLIMATSIS

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Employment, Social Affairs and Inclusion

Dear Sir,

Thank you for your email dated 24/01/2014.

We hereby acknowledge receipt of your confirmatory application for access to documents, which was registered on 29/01/2014 under reference number GestDem 2013/5224 – Ares(2014) 204637.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 19/02/2014. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.

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Dear Mr Kolimatsis,
 
Please find attached a letter concerning your confirmatory application
GestDem 2013/5224.
 
 
 
 
Best regards,
 
Bernadett BERCZELI
Access to Documents
European Commission
Secretariat General
Unit SG.B4 – Transparency
 
 
 
 

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Dear Mr Kolimatsis,

Kindly find herewith a letter concerning your confirmatory application for
access to documents (gestdem 2013/5224).
Yours sincerely,
Carlos Remis
SG.B.4
Transparence.
Berl. 05/329.
 
 
 
 

 
 
 

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Employment, Social Affairs and Inclusion


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Attachment Kolimatsis 2013 5224 EN.pdf
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Attachment Hustinx EMPL 3326.pdf
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Attachment DPO 3326.1 for EDPS Prior checking.xml
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Dear Mr Kolimatsis,

Kindly find the answer to your confirmatory application concerning your
request for access to documents pursuant to Regulation (EC) N° 1049/2001
regarding public access to European Parliament, Council and Commission
documents (Gestdem 2013/5224).
Yours sincerely,
 
Carlos Remis
SG.B.4.
Transparence.
Berl. 05/329.
 
 
 
 
 
 
 
 
 

 
 
 

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