We don't know whether the most recent response to this request contains information or not – if you are Alessandro Runci please sign in and let everyone know.

Dear The Innovation and Networks Executive Agency,

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:

Names and institutional affiliation of the "External Evaluators" tasked with assessing the project proposal submitted to the Innovation Fund.

Yours faithfully,

Alessandro Runci
via Lucio Lombardo Radice 9, 00134 Rome

CINEA ACCESS DOCUMENTS, The Innovation and Networks Executive Agency

Dear Mr Runci,

Thank you for your e-mail of 07 September 2021. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 07 September 2021 under reference number CINEA 2021/18.

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 28
September 2021. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, CINEA
cannot be held accountable for any technical issues or problems linked to
the use of this system.

Please note that the private third party running the AsktheEU.org  website
is responsible and accountable for the processing of your personal data
via that website, and not CINEA. For further information on your rights,
please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with CINEA on
that website. This includes the personal data that you may have
communicated to CINEA.

Similarly, the third party publishes on that website any reply that CINEA
will send to the email address of the applicants generated by the
AsktheEU.org website.

If you do not wish that your correspondence with CINEA is published on a
private third-party website such as AsktheEU.org, you can provide us with
an alternative, private e-mail address for further correspondence.  In
that case, CINEA will send all future electronic correspondence addressed
to you only to that private address, and it will use only that private
address to reply to your request. You should still remain responsible to
inform the private third-party website about this change of how you wish
to communicate with, and receive a reply from, the CINEA.

Yours faithfully,
Access to Documents Team

show quoted sections

CINEA ACCESS DOCUMENTS, The Innovation and Networks Executive Agency

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Your request for access to documents - CINEA 2021/18 -
Ares(2021)5907546  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Runci,

 

We refer to your application for access to documents received by e-mail on
07 September 2021 and registered on the same day under reference number
CINEA 2021/18.

 

You request access to “documents which contain the following information:
Names and institutional affiliation of the "External Evaluators" tasked
with assessing the project proposal submitted to the Innovation Fund.”

 

Your application concerns the list of external experts/evaluators under
the Innovation Fund Programme.

 

Having examined your application under the provisions of Regulation (EC)
No 1049/2001 regarding public access to documents, your application cannot
be granted, as disclosure is prevented by exceptions to the right of
access laid down in Article 4 of this Regulation, namely Article 4(1)(b)
(protection of privacy and the integrity of the individual) and Article
4(3) (decision making process) of the Regulation.

 

According to Article 4(1) (b) of Regulation 1049/2001, access to a
document is refused where disclosure would undermine "the protection of
privacy and the integrity of the individual, in particular in accordance
with Community legislation regarding the protection of personal data."

Names constitute personal data in the meaning of Article 3 (1) of
Regulation (EU) 2018/1725 (the EU Data Protection Regulation - EUDPR).

In its judgement C-28/08 P- the Bavarian Lager case, the European Court of
Justice rules that, when a request is made for access to documents
containing personal data, the Data Protection Regulation becomes fully
applicable. Article 9(1)(b) of the EUDPR requires that the necessity to
have the personal data transmitted must be established by the recipient
(i.e. applicant of the access to documents request) and it does not allow
the transmission of these personal data where there is reason to assume
that the legitimate interests of the data subject might be prejudiced. The
various competing interests should be weighed by the controller, in order
to establish that it is proportionate to transmit the personal data for
that specific purpose. In your application you have not established a
specific need to obtain personal data. Therefore, the requirements for
disclosing personal data are not met according to the EU Data Protection
Regulation. In addition, there are reasons to assume that the legitimate
interests of the data subjects concerned would be prejudiced by the
disclosure of the personal data, as there is a risk that such public
disclosure would harm their privacy and subject them to unsolicited
external contacts. The experts shall be able to carry out their tasks
freely and independently, without obstruction.

 

Article 4(3), first indent of Regulation 1049/2001 provides that “Access
to a document, drawn up by an institution for internal use or received by
an institution, which relates to a matter where the decision has not been
taken by the institution, shall be refused if disclosure of the document
would seriously undermine the institution's decision-making process,
unless there is an overriding public interest in disclosure.”  

Article 4(3), second indent of Regulation 1049/2001 provides that “Access
to a document containing opinions for internal use as part of
deliberations and preliminary consultations within the institution
concerned shall be refused even after the decision has been taken if
disclosure of the document would seriously undermine the institution's
decision-making process, unless there is an overriding public interest in
disclosure.”

Disclosure of the information you seek to obtain would seriously undermine
the integrity and the confidentiality of the evaluation process.

The exception laid down in Article 4(3) of Regulation (EC) No 1049/2001
applies unless there is an overriding public interest in disclosure of the
document. We have examined whether there could be an overriding public
interest in disclosure, but we were not able to identify such an interest.

 

Disclaimers:

-          You have lodged your application via a private third-party
website, which has no link with any institution of the European Union.
Therefore, CINEA cannot be held accountable for any technical issues or
problems linked to the use of this system.

-          We understand that the third party running the AsktheEU.org
website usually publishes the content of applicants’ correspondence with
CINEA on that website. This includes the personal data that you may have
communicated to CINEA. Please note that the private third party running
the AsktheEU.org website is responsible and accountable for the processing
of your personal data via that website, and not CINEA. For further
information on your rights, please refer to the third party’s privacy
policy.

 

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application as regards your request for access to
documents requesting the Agency to review this position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Director of CINEA at the following
address:

 

CINEA

Chaussée de Wavre 910

B-1049 Bruxelles

or by email to: [5][email address]

 

Best regards,

CINEA ACCESS TO DOCUMENTS

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7B490.46C62500
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...
5. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Alessandro Runci please sign in and let everyone know.