Dear European External Action Service,

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:

- All documents related to the "robust instant messaging solution" that the EEAS has deployed since September 2019 [1], including contracts with external suppliers

Yours faithfully,

Alexander Fanta

[1] https://netzpolitik.org/2020/eu-diplomat...

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Fanta,

 

This message is an acknowledgement of receipt for your requests for access
to documents under Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents (which the EEAS is
also respecting).

 

Your requests for access to document have been registered under reference
number: 2020/032

Please refer to this number in any further correspondence.

 

In accordance with the Regulation, you will receive a reply within 15
working days: 23/3/2020.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Fanta,

 

We are still waiting for the reply from the Division concerned. We
therefore, exceptionally, need to extend the deadline for reply by an
additional 15 working days.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Fanta,

 

Would you be so kind as to be patient for a some more days for the reply.

We will make every effort to process your request as quickly as possible.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

EEAS ACCESS TO DOCUMENTS, European External Action Service

1 Attachment

Dear Mr Fanta,

 

On behalf of Mr Visentin please find attached the reply to your request
for access to documents.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

Dear European External Action Service,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Instant messaging solution'.

My access to documents is related to the messaging solution which, according to the reply by the EEAS, is "an integral part of the Restreint UE / EU Restricted classified communication system", was refused citing Article 4.1. of the Regulation 1049/2001. The reply further held that there are "no specific documents individually linked to the messaging solution, as it is just one of the built-in components of the restricted platform".

Firstly, I would like to point to the Evropaïki Dynamiki ruling of the ECJ of 6 December 2012 (case T-167/10, paragraph 64). It states that "if the institution concerned decides to refuse access to a document which it has been asked to disclose, it must, in principle, explain how disclosure of that document could specifically and actually undermine the interest protected by the exception – among those provided for in Article 4 of Regulation No 1049/2001 – upon which it is relying. Moreover, the risk of that undermining must be reasonably foreseeable and not purely hypothetical." The Commission holds in its reply that any disclosure would "compromise the security of the communication system by making it vulnerable to cyberattack from the EU adverse actors", which I believe to be at this point a purely hypothetical scenario except if clearly demonstrated otherwise.

Secondly, I would like to point out that Article 39 of the Regulation 2018/1725 for data protection in the EU institutions states cases in which a Data Protection Impact Assessment needs to be carried out. The Data Protection Impact Assessment List published on July 19, 2019 by the European Data Protection Supervisor and a further Accountability on the ground toolkit spell out the conditions for such an Impact Assessment. It seems inconceivable that any platform for secure communication would not create the obligation for a DPIA under the scope of Article 39. As part of my request, I would like to specifically ask for the DPIA for above-mentioned platform, if necessary redacted for security purposes.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/inst...

Yours faithfully,
Alexander Fanta

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Fanta,

This message is an acknowledgement of receipt for your confirmatory application requesting a review of our reply dated 24 April 2020, under Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents (which the EEAS is also respecting).

Your confirmatory application has the same reference number 2020/032, as the initial ones. Please refer to this numbers in any further correspondence.

In accordance with the Regulation, you will receive a reply within 15 working days from registration of the application, i.e. by 19 May 2020.

Yours faithfully,

EEAS ACCESS TO DOCUMENTS (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

EEAS ACCESS TO DOCUMENTS, European External Action Service

Dear Mr Fanta,

The reply is ready but need to be signed. We therefore, exceptionally, need to extend the deadline for reply by an additional 15 working days, due to special circumstances [article 7(3) and 8(2) of the Regulation]– force majeure – current working arrangements due to the pandemics.
We will make every effort to process your request as quickly as possible.

Thank you for your understanding,
Yours sincerely,

EEAS ACCESS TO DOCUMENTS (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

EEAS ACCESS TO DOCUMENTS, European External Action Service

1 Attachment

Dear Mr Fanta,

On behalf of Mr Di Vita please find attached the reply to your confirmatory request for access to documents.

Yours sincerely,

EEAS ACCESS TO DOCUMENTS (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs