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

Dear European Data Protection Board,

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 Context of my request:

The "Data Protection Conference" in Germany has published an overview of the participation of German supervisory authorities in subgroups of the EDPB as of 12/2018:

https://datenschutzkonferenz-online.de/m.... Erwähnt wird dort u.a. eine "International Transfer Subgroup (ITS)".

2 My Requests

2.1 Current overview of all subgroups of the EDPB with a breakdown of which authorities of which EU member state are represented in which subgroup.

2.2 Minutes, opinions, statements and other documents that have been used by the members of the ITS since 16.07.2020 in the context of the work of the ITS.

2.3 Indication of the relationship of the subgroups to the EDPB (e.g. advisory role only).

Yours faithfully,
HR

European Data Protection Board

Thank you for your message and for your interest in data protection. We
will look into your request and get back to you within due time.
The EDPB Secretariat

Dear European Data Protection Board,

according to European Law EU institutions have the obligation to answer within 15 working days on such requests. In exceptional cases, for example when asking for a large number documents, an extension of 15 further working days can be applied to your request. Please provide me with brief feedback on the current status of my request and approximately when I can expect to hear back.

Yours faithfully,
HR

European Data Protection Board

Dear Mr. Roth,

 

We are contacting you regarding your below request.

 

As regards the second part of your request, as far as we understand, you
are requesting access to any document used in the context of the work of
the ITS expert subgroup since 16.07.2020.

 

Following a preliminary assessment based on your request, the EDPB would
incur a disproportionate workload in order to carry out the preliminary
research required to identify the documents potentially related to your
request, based on the information you have provided in your message below.
In this regard, we would like to draw your attention to the EU case law
enabling the institution to not proceed the preliminary research when the
request is not precise ([1]F-121/07, Strack v Commission), or on the
possibility to refuse to identify the documents falling under the scope of
a request if the identification would lead to a disproportionate workload
([2]T-653/16, Malta v Commission).

 

In order to be able to proceed with analysing your request, we would
therefore ask you to provide us with more information, which would allow
us to identify the documents in scope of your request. While you are not
required to provide any reasoning for your request, it may be helpful if
you could provide us with any information on your interest in obtaining
the documents, insofar as this would help us to determine the documents in
scope of your request.

 

Finally, with regard to the third part of your request, "Indication of the
relationship of the subgroups to the EDPB", this appears to be a request
for information, and not a request for access to documents in accordance
with Regulation 1049/2001. For information regarding expert subgroups in
the context of the EDPB, we refer you to Articles 25 – 28 of the [3]EDPB's
rules of procedure.

 

We thank you in advance for your cooperation and remain available in case
of any questions.

 

Best regards

 

EDPB Secretariat

 

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European Data Protection Board

Dear Mr. Roth,

 

We are contacting you following our email below, dated 28 February, and to
which we do not seem to have received a reply.

 

In order to be able to proceed with analysing your request, we would
therefore ask you to provide us with more information regarding the second
point of your request ("Minutes, opinions, statements and other documents
that have been used by the members of the ITS since 16.07.2020 in the
context of the work of the ITS"), which would allow us to identify the
documents in scope of your request. While you are not required to provide
any reasoning for your request, it may be helpful if you could provide us
with any information on your interest in obtaining the documents, insofar
as this would help us to determine the documents in scope of your request.

 

We thank you in advance for your cooperation and remain available in case
of any questions.

 

Best regards

 

EDPB Secretariat

 

 

From: European Data Protection Board <[EDPB request email]>
Sent: 28 February 2022 17:03
To: [FOI #10668 email]
Cc: European Data Protection Board <[EDPB request email]>
Subject: Your access to documents request - International Transfer
Subgroup (ITS) - request for clarifications

 

Dear Mr. Roth,

 

We are contacting you regarding your below request.

 

As regards the second part of your request, as far as we understand, you
are requesting access to any document used in the context of the work of
the ITS expert subgroup since 16.07.2020.

 

Following a preliminary assessment based on your request, the EDPB would
incur a disproportionate workload in order to carry out the preliminary
research required to identify the documents potentially related to your
request, based on the information you have provided in your message below.
In this regard, we would like to draw your attention to the EU case law
enabling the institution to not proceed the preliminary research when the
request is not precise ([1]F-121/07, Strack v Commission), or on the
possibility to refuse to identify the documents falling under the scope of
a request if the identification would lead to a disproportionate workload
([2]T-653/16, Malta v Commission).

 

In order to be able to proceed with analysing your request, we would
therefore ask you to provide us with more information, which would allow
us to identify the documents in scope of your request. While you are not
required to provide any reasoning for your request, it may be helpful if
you could provide us with any information on your interest in obtaining
the documents, insofar as this would help us to determine the documents in
scope of your request.

 

Finally, with regard to the third part of your request, "Indication of the
relationship of the subgroups to the EDPB", this appears to be a request
for information, and not a request for access to documents in accordance
with Regulation 1049/2001. For information regarding expert subgroups in
the context of the EDPB, we refer you to Articles 25 – 28 of the [3]EDPB's
rules of procedure.

 

We thank you in advance for your cooperation and remain available in case
of any questions.

 

Best regards

 

EDPB Secretariat

 

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Dear European Data Protection Board,

thank you for your assessment.

Re: 2.1 "Current overview of all subgroups of the EDPB with a breakdown of which authorities of which EU member state are represented in which subgroup." - I cannot see why this information should only be discoverable with disproportionate effort. An internal organization chart or distribution list should be able to answer this question.

Re: 2.2 Minutes, opinions, statements and other documents that have been used by the members of the ITS since 16.07.2020 in the context of the work of the ITS. - I want to precise this: only documents related to the interpretation of Art. 44-49 GDPR are of interest.

Yours sincerely,
HR

European Data Protection Board

Dear Sir/Madam,

Thank you for your message and for your interest in data protection. We
will look into your request and get back to you within due time.

Kind regards,

The EDPB Secretariat  

European Data Protection Board

Dear Mr. Roth,

Thank you for your reply.

As stated in our previous emails, this request for clarifications refers to the second part of your request. ("Minutes, opinions, statements and other documents that have been used by the members of the ITS").

As mentioned in our email of 28 February, as far as we understand, you are requesting access to any document used in the context of the work of the ITS expert subgroup since 16.07.2020. In the same email, we have stated that the EDPB would incur a disproportionate workload in order to carry out the preliminary research required to identify the documents potentially related to your request, based on the information you have provided in your message.

In your message below, you have stated that only documents related to the interpretation of Art. 44-49 GDPR are of interest to you. Given that these articles refer to transfers of personal data to third countries or international organisations, it is unclear to us how the scope of this request differs from our previous understanding, i.e. any document used in the context of the work of the international transfers expert subgroup.

We would therefore kindly ask you to narrow down the scope of your request (e.g. regarding the type of document and/or the time frame concerned) in order to enable the EDOB to handle this request within the deadlines foreseen in Regulation 1049/2001.

While you are not required to provide any reasoning for your request, it may be helpful if you could provide us with any information on your interest in obtaining the documents, insofar as this would help us to determine the documents in scope of your request.

We thank you in advance for your cooperation and remain available in case of any questions.

Best regards

EDPB Secretariat

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European Data Protection Board

Dear Mr. Roth,

 

Until now, we have not received any response to our previous messages of
27 April and 28 February 2022, requesting clarifications on the scope of
point 2.2 of your request ("Minutes, opinions, statements and other
documents that have been used by the members of the ITS since 16.07.2020
in the context of the work of the ITS - only documents related to the
interpretation of Art. 44-49 GDPR"), and asking you to narrow down the
scope of your request (e.g. regarding the type of document and/or the time
frame concerned) in order to enable the EDPB to handle this request within
the deadlines foreseen in Regulation 1049/2001.

 

Please note that the mandate of the ITS is to provide guidance on the
interpretation of Chapter V GDPR. Therefore, the reference that you
provided to Art. 44-49, which is the full list of the provisions included
under Chapter V, was not helpful to narrow down the scope of your request.

 

In order to proceed with handling your request with a fair solution, we
propose to limit this request to the minutes of ITS meetings, which
contain points on the interpretation of Art 44-49 GDPR, between 16.07.2020
and the date your request was received (29.01.2022).

 

We have noted that you have stated that you wish to receive documents
related to the work of the ITS subgroup as of 16.07.2020, which is the
date that the Schrems II judgement was delivered. In this context, would
you agree to limit the scope of this request to minutes of the ITS
meetings in which the interpretation of Art 44-49 GDPR in the context of
Schrems II was discussed?

 

We kindly ask you to provide us with your feedback on this proposal by
next Tuesday, 17 May end of business.

 

In case we do not receive a reply by then, we will register this request
and handle it as mentioned above ("minutes of ITS meetings, which contains
points on the interpretation of Art 44-49 GDPR in the context of Schrems
II, between 16.07.2020 and the date your request was received
(29.01.2022).)

 

This of course does not prevent you from making any requests for access to
documents in the future.

 

Thank you very much in advance.

 

Best regards

 

EDPB Secretariat

 

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