Request for Privacy Shield Records
Dear European Union Agency for Fundamental Rights,
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:
I request all reports, correspondence, and memorandum on the Privacy Shield framework. The date range for this request is from October 1, 2015 to the February 17, 2017.
I request to be provided these records free of charge, because it is in the public interest to release these records. If any part of this request is denied, I request to be informed of the decision and the reason why.
Thank you,
Rachael Tackett
Dear European Union Agency for Fundamental Rights,
Please confirm that you have received my request for documents and that my request has been registered (including the date it was registered).
Thank you,
Rachael Tackett
Vienna 22/02/2017
Ref: 2017-outgoing-000247
Dear Ms Tackett,
Thank you for your public access to documents request to the European Union Agency for Fundamental Rights (FRA) via AsktheEU.org website.
We would like to inform you that applications made under Regulation 1049/2001 are submitted through the Agency's website. This enables the FRA to ensure that requests are made in a precise manner and contain, in particular, sufficient elements to enable the FRA to identify that the applicant is a citizen or resident of the Union (Article 2 (1) - Beneficiaries and Scope - Regulation (EC) No 1049/2001).
Please kindly submit your request through the website link below, where you will be able to complete the online form <http://fra.europa.eu/en/about-fra/regist...> or .pdf<http://fra.europa.eu/sites/default/files...>, as publicised. You can also directly contact the FRA access to documents team via email: [FRA request email]<mailto:[FRA request email]>
As soon as the Agency receives your application, an acknowledgement will be sent to you together with a unique registration number assigned to your request. The Agency will deal with your application within a maximum of fifteen working days, unless that period is extended on the conditions laid down in the Regulation.
For more information relating to Regulation (EC) No 1049/2001 and other methods available to access documents held by FRA, please find under the following link:
http://fra.europa.eu/en/about-fra/regist...
Kind regards
FRA Documents
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [FRA request email]
Visit us on: http://fra.europa.eu<http://www.fra.europa.eu/> | Facebook<http://www.facebook.com/fundamentalrights> | Twitter<http://twitter.com/#!/EURightsAgency> | YouTube<http://youtube.com/user/EUAgencyFRA> | LinkedIn<http://www.linkedin.com/company/eu-funda...>
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Helping to make fundamental rights a reality for everyone in the European Union
Keep track of what's coming up in 2017 with FRA's events & publications calendar<http://fra.europa.eu/en/news-and-events/...>
________________________________________
From: Rachael Tackett <[FOI #4009 email]>
Sent: 22 February 2017 05:08
To: FRA - Documents
Subject: Re: access to documents request - Request for Privacy Shield Records
Dear European Union Agency for Fundamental Rights,
Please confirm that you have received my request for documents and that my request has been registered (including the date it was registered).
Thank you,
Rachael Tackett
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4009 email]
This message and all replies from European Union Agency for Fundamental Rights will be published on the AsktheEU.org website. For more information see our dedicated page for EU public officials at https://www.asktheeu.org/en/help/officers
Dear FRA - Documents,
The form you have sent me does not allow me to put my country of residence as the United States of America. Please send me a form which allows me to register my country of residence as the United States of America.
Please note that Article 1 (a) of the EC 1049/2001 requires FRA to "ensure widest possible access to documents".
In addition, Article 2 (2) of the EC 1049/2001 allows the FRA to give documents to non-EU persons. Article 2 (2) of the EC 1049/2001 states, "The institutions may, subject to the same principles, conditions and limits, grant access to documents to any natural or legal person not residing or not having its registered office in a Member State."
Yours sincerely,
Rachael Tackett
Link to EC 1049/2001 http://eur-lex.europa.eu/legal-content/E...
Dear FRA - Documents,
Please send me a form which I am able to fill out to request documents. Please see the previous email explaining that I cannot use the form you sent, because it does not allow me to put United States as my residence.
Yours sincerely,
Rachael Tackett
Dear Ms Tackett,
Thank you informing FRA.
The access to documents online form has been updated and you can select the option of 'Non-EU' from the ‘Country of residence’ field.
Please kindly submit your request through the online form from the following link: http://fra.europa.eu/en/about-fra/regist...
Kind regards
FRA Documents
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [FRA request email]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn
Helping to make fundamental rights a reality for everyone in the European Union
Keep track of what’s coming up in 2017 with FRA’s events & publications calendar: http://fra.europa.eu/en/news-and-events/...
Dear FRA - Documents,
I have submitted a request for documents with your online form. Please respond and confirm that you have received my request. In your confirmation email, please also include a copy of my request.
Please also give me the request ID number, the date that the document request was registered, and the expected date of completion for my request.
Thank you for your assistance.
Regards,
Rachael Tackett
Dear FRA Documents,
Please reply to this email to give me any future updates on my request for public documents.
Yours sincerely,
Rachael Tackett
Email Received from FRA on March 2, 2017
Dear Ms Tackett,
Thank you for your access to documents request. We hereby acknowledge receipt of your application for access to documents, registered 2 March 2017, under reference number 2017-incoming-000267.
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 March 2017. In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Dear FRA - Documents,
Please update me on the status of my request for public documents, reference number 2017-incoming-000267. According to FRA's earlier email, the FRA's 15 working day deadline ends today, 23 March 2017.
Yours sincerely,
Rachael Tackett
Email Received from FRA on March 2, 2017
Dear Ms Tackett,
Thank you for your access to documents request. We hereby acknowledge receipt of your application for access to documents, registered 2 March 2017, under reference number 2017-incoming-000267.
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 March 2017. In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Dear Ms Tackett,
Regarding your request for public access to documents at the Fundamental
Rights Agency, a response was sent to your private email address on the
20/03/2017 - Ref: 2017-outgoing-000412:
Vienna 20/03/2017
Ref: 2017-outgoing-000412
Dear Ms Tackett,
We refer to your request dated 02 March 2017 in which you make a request
for access to documents, registered on 2 March 2017, under reference
number 2017-incoming-000267.
We regret to inform you that no documents were found that would correspond
to the description given in your application. Indeed, as specified in
Article 2(3) of Regulation 1049/2001, the right of access as defined in
that regulation applies only to existing documents in the possession of
the institution.
Given that no such documents have been identified, the FRA is not in a
position to handle your request.
In case you would disagree with the assessment, you are entitled, in
accordance with Article 7(2) of Regulation 1049/2001, to make a
confirmatory application requesting the FRA to review this position.
Such a confirmatory application should be addressed within 15 working days
upon receipt of this email to FRA: [1][FRA request email]
Yours faithfully,
Kind regards
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [FRA request email]
Visit us on: [2]http://fra.europa.eu | [3]Facebook | [4]Twitter |
[5]YouTube | [6]LinkedIn
Helping to make fundamental rights a reality for everyone in the European
Union
Dear European Union Agency for Fundamental Rights,
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 'Request for Privacy Shield Records'.
The EU Charter of Fundamental Rights, Art. 8, guarantees the protection of personal data. In the FRA's implementing regulation EC No 168/2007 Para. 13 states that EU institutions can request advice and guidance from FRA on proposals. The implementing regulation also states that the FRA also has the right to issue opinions on its own initiative.
The FRA failed to conduct an adequate search for public documents. The FRA is illegally withholding and preventing my access to public documents. In essence, the FRA is claiming that no EU institution asked the FRA's advice on the US-EU Privacy Shield agreement.
Either the FRA is illegally withholding public documents, or the FRA has failed in its duty to issue advice and opinions on the US-EU Privacy Shield.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/requ...
Yours faithfully,
Rachael Tackett
Dear FRA - Documents,
I am sending this email, so that FRA's reply to me on March 28, 2017 is published on asktheeu.org.
Yours sincerely,
Rachael Tackett
***Email from FRA on March 28, 2017***
From: FRA-Documents <[email address]>
Subject: Application for access to documents - 2017-incoming-000267 - Acknowledgement of confirmatory receipt
To: Me
Message:
Vienna, 28/03/2017
Ref: 2017-outgoing-000470
Dear Ms Tackett,
Thank you for your confirmatory application. We hereby acknowledge receipt of your application for access to documents, registered 28 March 2017, under reference number 2017-incoming-000267.
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 20 April 2017. In case this time limit needs to be extended, you will be informed in due course.
Yours faithfully,
European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]
Visit us on: http://fra.europa.eu | Facebook | Twitter | YouTube | LinkedIn
Helping to make fundamental rights a reality for everyone in the European Union
Keep track of what’s coming up in 2017 with FRA’s events & publications calendar
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This message may contain personal data and other confidential data that are entrusted to the recipients specified in the header of THIS message. The recipient MUST not process the message in ways that contradict European legislation on the protection of personal data or jeopardise the confidentiality of the message content. This communication does not constitute any commitment on behalf of FRA.