Information on PNR Agreements

Walter Stanish made this access to documents request to European Data Protection Supervisor

The request was successful.

From: Walter Stanish

Delivered

Dear European Data Protection Supervisor,

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:

1. Information regarding any and all international PNR agreements that are either presently active or under consideration by EU bodies, including, for each such agreement:

1-a) Any and all information regarding the name or names of the agreement, past or present;

1-b) Any and all information regarding draft or historical versions of the agreement;

1-c) Any and all information regarding the authoring party or parties of the agreement; and, if these are organisational entities rather than individuals, then for each such entity:

1-c-1) Any and all information regarding the identity of the presiding management of said organizational entity at the time the agreement was signed;

1-c-2) In turn, any and all information regarding the details of the identity of both the direct and senior management of the aforementioned management party or parties, throughout the entire period that the agreement was initially raised or put under discussion through to the point at which the agreement was finally enacted, or if the agreement is not yet enacted, then to the present.

1-d) Any and all content of the agreement;

1-e) Any and all information describing of the party or parties originally raising the agreement, and the manner in which this was achieved;

1-f) Any and all evidence of review by EU bodies prior to enacting the agreement, or, if the agreement is not yet enacted, to the present;

1-g) Any and all information regarding the date at which the agreement was enacted, or, if the agreement is not yet enacted, the present state of the agreement and a timetable of significant upcoming dates in its development;

1-h) Any and all information regarding the types of information shared through the agreement, with particular care to include the most verbose possible data records. (Note that a sanitised form of any computer based record on hand may simply suffice for this aspect of the request.)

1-i) Any and all information regarding the frequency at which information is shared under the agreement, and any historical changes to this frequency;

1-j) Any and all information regarding 'opt-out' schemes or other mechanisms by which individuals may, for whatever reason, be excluded from the information sharing agreement;

1-k) Any and all information regarding the volume of data that has been shared, either in the past, or recently, through the agreement

1-l) Any and all information regarding the storage or processing procedures of any part of this data by any EU entity, be they public or private sector, whilst either: (a) in preparation for the provision of the data to meet the requirements of the agreement, (b) whilst transmitting the data to meet the requirements of the agreement, or (c) after transmitting the data to meet the requirements of the agreement.

2. Any and all information available regarding the name, scope, and content of any similar information sharing schemes operating within the European Union or individual EU nations.

Thank you for your assistance.

Regards,
Walter Stanish
Citizen of Germany

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European Data Protection Supervisor


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Dear Sir,

We acknowledge receipt of your request which was registered on 6
August 2012. In accordance with Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 28/08/2012).

Your case has been registered with case number 2012-0673.

Yours sincerely,

EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu
 

References

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European Data Protection Supervisor


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Dear Mr. Stanish,

 

The EDPS is currently working on your requests for access to documents
(registered with EDPS case file number 2012-0673).

 

Your requests might potentially relate to a large number of
documents originating from third parties, such as the Commission, the
Council and the parties to the agreements referred to, which might require
such parties to be consulted in accordance with Article 4(4) of Regulation
(EC) No 1049/2001.

 

On the basis of Article 6(3) of Regulation (EC) No 1049/2001 we would like
to confer with you informally with a view to finding the most favourable
response to your request.

 

To this end we would be grateful if you could either call Mr Herke
Kranenborg on +32 2 2831900 or provide us with a phone number on which we
can reach you.

 

Yours sincerely,

 

EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu
 

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From: Walter Stanish

Delivered

Dear European Data Protection Supervisor,

Thank you for your response indicating the potentially large number of relevant documents, some potentially related bodies, the fact that you may need to consult with such bodies as per Regulation (EC) No 1049/2001 Article 4(4) to determine whether an exception from the requirement to provide documents in response to this request may be relevant under the terms of the exceptions stated in Regulation (EC) No 1049/2001 Article 4(1,2), and that you would like to further assess my request's requirements informally via telephone in order to determine an appropriate response.

I quote hereunder Article (4,4) in order to maintin clarity of review.
==============================================
4. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed.
==============================================

In turn, I quote below the exceptions stated in Article 4(1,2):
==============================================
1. The institutions shall refuse access to a document where disclosure would undermine the protection of:

(a) the public interest as regards:

- public security,
- defence and military matters,
- international relations,
- the financial, monetary or economic policy of the Community or a Member State;

(b) privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.

2. The institutions shall refuse access to a document where disclosure would undermine the protection of:
- commercial interests of a natural or legal person, including intellectual property,
- court proceedings and legal advice,
- the purpose of inspections, investigations and audits,

unless there is an overriding public interest in disclosure.
==============================================

Please be informed that for the purposes of my own records I wish to maintain all contact regarding this request in writing.

With a view to furthering the request, may I ask that in your next written communication you clearly indicate any individual point or points within the original request for which you would like to seek specific clarification, or, should this be impracticable given your current understanding of the nature of the request, then clearly indicate the types of points for which clarification may be required and the precise nature of such clarification.

Regards,
Walter Stanish
German Citizen

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European Data Protection Supervisor


Attachment 12 08 27 Letter Stanish PNR 2012 0673 D 1711.pdf
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Attachment 12 08 27 Letter Stanish TFTP 2012 0673 D 1712.pdf
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Dear Mr Stanish,
 
Please find enclosed 2 letters in reply to your access to documents
request to EDPS dated 5 August.
 
Kind regards,
 
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
 
[1]www.edps.europa.eu
 

References

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European Data Protection Supervisor


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Attachment 11 05 05 Letter Manservisi 2011 0420 D845.pdf
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Attachment 11 05 05 Letter Manservisi 2011 0420 Annex D 845.pdf
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Attachment st13869.en11.pdf
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Attachment st13986.en10.pdf
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Attachment st16981.en11.pdf
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Attachment st15083 ex02.en10.pdf
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Attachment 12 09 18 Letter Stanish 2012 0673 D 1857.pdf
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Dear Sir, 
 
Please find attached a scanned version of a letter (+ annex).
 
Best regards,
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu

References

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1. http://www.edps.europa.eu/EDPSWEB/

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European Data Protection Supervisor


Attachment edps.jpg
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Attachment 12 10 05 Letter Stanish 2012 0673 D 1990.pdf
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Attachment 12 10 05 Annex PNR.pdf
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Dear Sir, 
 
Please find attached a scanned version of a letter and its annex.
 
Best regards,
 
EDPS Secretariat
European Data Protection Supervisor
Contrôleur Européen de la protection des données
Postal address :rue Wiertz 60, Brussels B-1047
Office address: rue Montoyer 63, Brussels
+32-2-283.19.00 (direct phone)
+32-2-283.19.50 (fax)
[1]www.edps.europa.eu

References

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1. http://www.edps.europa.eu/EDPSWEB/

Link to this

European Data Protection Supervisor


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Attachment Declassified document conclusion 2011HOME035.pdf
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Attachment Declassified document signature 2011HOME036.pdf
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Dear Mr. Stanish,

 

On 5 August 2012, you submitted an access to documents request to the EDPS
on the basis of Regulation (EC) No 1049/2001 (EDPS case 2012-0673).

 

On 18 September the EDPS sent you a letter (1857 C 2012-0673) informing
you, among others, that the EDPS decided to grant access to two Commission
documents (2011/HOME/035 and 2011/HOME/036)  related to the 2012
Australian PNR agreement. However, the EDPS could not provide you a copy
of these documents since their declassification procedure within the
Commission was still pending.

 

On 20 February 2013 we have been notified by the European Commission that
the declassification procedure has been finalized.

 

Please find attached the declassified version of these two documents.

 

 

  EDPS Secretariat

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[1]Email [2][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

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