Interoperability of contact tracing apps
Alexander Fanta made this access to documents request to Informatics as part of a batch sent to 7 authorities
This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Commission,
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 (including memos, minutes, e-mail, contracts, etc.) related to the agreement between the Commission, SAP and T-Systems on 31 July, 2020 on the development and deployment of a software platform for the cross-border exchange of coronavirus warnings (interoperability gateway for contact tracing apps)
- All internal documents of the Commission (e.g. working group meeting minutes, memos, e-mails, etc.) and exchanges with member states and external stakeholders (i.e. Google, Apple, etc.) on the interoperability of contact tracing apps
Yours faithfully,
Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgique
Dear Mr. Fanta,
Thank you for your e-mail of 2 September 2020. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 2 September 2020 under reference number GESTDEM 2020/5205.
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 23
September 2020. 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, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.
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Kind regards,
DIGIT ACCESS TO DOCUMENTS
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European Commission
Directorate-General for Informatics
Rue Montoyer 15 - 07/P001
1049 Brussels/Belgium
References
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Dear Alexander Fanta,
Thank you for your e-mail of 02/09/2020. We hereby acknowledge receipt of
your application for access to documents, which was registered on
03/09/2020 under reference number GESTDEM 2020/5225.
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
24/09/2020. 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, the
European Commission 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 the Commission. 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 the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).
Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.
If you do not wish that your correspondence with the Commission 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, the Commission 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 Commission.
For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.
Yours faithfully,
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat-General
Unit C1 – Transparency, Document Management & Access to Documents
[2]HOW WE PROCESS PERSONAL DATA
Dear Informatics,
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 'Interoperability of contact tracing apps'.
I would like to respond to your reply dating from September 24, 2020, in which you reject the disclosure of the e Inter-Institutional Framework Contract DI/07790 with SAP Belgium NV/SA which falls under the scope of my previous access-to-documents request.
In your reply, you state that the document in question falls under the exception stated in Article 4(2) of Regulation 1049/2001, the protection of commercial interests. You argue for both the commercial interest of the Commission and other EU institutions as well as the commercial enterprises in question and offer the framework agreement template instead of the actual document.
I would like to point out that I made my request in my role as journalist covering the EU institutions and the interoperability framework for contact tracing apps in particular. The framework agreement has been subject to considerable public interest in various European countries and, generally speaking, there clearly is strong public interest in media scrutiny on the subject matter. Further, the Commission has insisted that purchases made amid the Corona pandemic would be open to equal scrutiny as other public purchases by the EU.
As to the specifics of the rejection of my request, DG Digit states that needs to ensure that public money is spent in accordance with the principle of sound financial management, and to be able to preserve its capacity to benefit from the best conditions offered by economic operators. The disclosure to the general public of such sensitive information would clearly undermine the Commission’s capacity to ensure sound financial management by obtaining the best possible value for money in future procurement procedures and its credibility as a reliable business partner, the Commission states.
First, I would like to point out that any potential business partner has certainly heard of Regulation 1049/2001 and is aware of the legal obligation of the Commission to share information on public purchases. This obligation was created in the first place precisely so that the public can make sure that, as the Commission states, public money is spent in accordance with the principle of sound financial management. The template I was sent does not provide sufficient information about the details of the purchase and I would like to argue that the actual version of the framework agreement must be released in full to allow for full scrutiny.
Second, I would like to point out that with regard to commercial interests, the European Ombudsman has found that such requests for information pose the following problems: not all information about a company is commercially sensitive, so a test should be performed each time to conclude whether the exception applies in this case. Even in a few cases where such tests where made, the Ombudsman has found insufficient grounds for refusal, such as Ombudsman cases 676/2008/RT 07 July 2010 and Case: 181/2013/AN 16 February 2015. I would like the Commission to respond in particular to this point and point out how exactly the framework agreement passes the test of being commercially so sensitive it can not be released to the public.
Yours faithfully,
Alexander Fanta
Link: [1]File-List
Link: [2]Edit-Time-Data
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[5]Ares(2020)5121342 - Your confirmatory application for access to
documents Gestdem 2020/5205
Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Sir,
Thank you for your email dated 29 September 2020 by which you request,
pursuant to Regulation No 1049/2001 regarding public access to European
Parliament, Council and Commission documents, a review of the position
taken by DG DIGIT in reply to your initial application GESTDEM 2020/5205.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 30 September 2020
(Ares(2020)5121131).
Your application will be handled within 15 working days (21/10/2020). In
case this time limit needs to be extended, you will be informed in due
course.
Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.
Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (GD)
[6]cid:image001.png@01D45409.F767C980
European Commission
Secretariat-General
SG C.1
[7][email address]
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Ares(2020)5711376 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2020-5205
Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Mr Fanta,
I refer to your email of 29 September 2020, registered on 30 September
2020, by which you submit a confirmatory application in accordance with
Article 7(2) of Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents (hereafter
‘Regulation (EC) No 1049/2001’).
I would like to inform you that your confirmatory application is currently
being handled. Unfortunately, due to ongoing consultations, we are not in
a position to reply to your confirmatory request within the prescribed
time limit expiring on 21 October 2020.
Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation(EC) No 1049/2001. The new
deadline expires on 12 November 2020.
Yours sincerely,
María OLIVÁN AVILÉS
Head of Unit
[6]cid:image001.gif@01D13362.41D673C0
European Commission
Secretariat General
Unit C.1 (Transparency, Document Management and Access to Documents)
References
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4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
Dear Mr Fanta,
Please find attached the electronic version of Commission Decision
C(2020)8988, as adopted by the European Commission on 8.12.2020.
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
Please confirm receipt of the attached document by return e-mail.
Kind regards,
Oana Boldis
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
References
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1. mailto:[email address]
Dear Mr Fanta,
Unless we are mistaken, we have not received your confirmation of receipt
regarding the message addressed to you on the 9.12.2020.
Could you please check and confirm the receipt of the message as well as
the attached documents?
Many thanks in advance for your help.
Kind regards,
Oana Boldis
Oana Boldis
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Wednesday, December 9, 2020 7:32 PM
To: '[FOI #8504 email]'
<[FOI #8504 email]>
Cc: OBLIN Frederic (SG) <[email address]>
Subject: C(2020)8988
Dear Mr Fanta,
Please find attached the electronic version of Commission Decision
C(2020)8988, as adopted by the European Commission on 8.12.2020.
<< File: 1_EN_ACT_part1_v2.pdf >> << File:
1_EN_annexe_acte_autonome_nlw_part1_v1.pdf >> << File:
2_EN_annexe_acte_autonome_nlw_part1_v1.pdf >> << File:
3_EN_annexe_acte_autonome_nlw_part1_v1.pdf >> << File:
4_EN_annexe_acte_autonome_nlw_part1_v1.pdf >>
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
Please confirm receipt of the attached document by return e-mail.
Kind regards,
Oana Boldis
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
References
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2. mailto:[email address]