Request to access EDPS information and documents

The request was successful.

Dear European Data Protection Supervisor,

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 and any documents related to EDPS investigation launched in 2009 and invoked by European Parliament (Committee on Civil Liberties, Justice and Home Affairs) in 23.1.2013:

http://www.europarl.europa.eu/sides/getD...

- The outcome & decision of this EDPS investigation.

Yours faithfully,

Kurt Weiss

Dear European Data Protection Supervisor,

I would like kindly to remind that the reply I am awaiting from EDPS has been delayed.

By law I am entitled:
- first to an acknowledgement of receipt
and
- second to an reply to my request to access documents.

The deadline for reply was 6 May 2013.

Yours faithfully,

Kurt Weiss

European Data Protection Supervisor

4 Attachments

Dear Mr Weiss,

We refer to your message of 7 May 2013.

Following a thorough check of in-coming correspondence, we regret to
inform you that your request for access to documents submitted via the
asktheeu.org. website never reached our office. We would therefore
appreciate if you could state again which documents you request,
preferably by replying to this message. We will consider your statement as
a new request for access to documents, which we will treat in accordance
with the normal procedures foreseen in Regulation (EC) No 1049/2001.  

We apologise for the inconvenience.

Sincerely,

  EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[1]Email [2][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels

[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

-----Original Message-----
From: Kurt Weiss [[7]mailto:[FOI #459 email]]
Sent: 07 May 2013 20:03
To: European Data Protection Supervisor
Subject: Internal review of access to information request - Request to
access EDPS information and documents

     Dear European Data Protection Supervisor,
    
     I would like kindly to remind that the reply I am awaiting from
     EDPS has been delayed.
    
     By law I am entitled:
     - first to an acknowledgement of receipt
     and
     - second to an reply to my request to access documents.
    
     The deadline for reply was 6 May 2013.
    
     Yours faithfully,
    
     Kurt Weiss
    
    
    
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [FOI #459 email]
    
     This message and all replies from European Data Protection
     Supervisor will be published on the AsktheEU.org website. For more
     information see our dedicated page for EU public officials at
     [8]http://www.asktheeu.org/en/help/officers
    
    
     -------------------------------------------------------------------

References

Visible links
2. mailto:[EDPS request email]
4. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
6. http://www.edps.europa.eu/
http://www.edps.europa.eu/
7. mailto:[FOI #459 email]
8. http://www.asktheeu.org/en/help/officers

hide quoted sections

European Data Protection Supervisor

Dear Mr Weiss,

We refer to your message of 7 May 2013.

Following a thorough check of in-coming correspondence, we regret to
inform you that your request for access to documents submitted via the
asktheeu.org. website never reached our office. We would therefore
appreciate if you could state again which documents you request,
preferably by replying to this message. We will consider your statement
as a new request for access to documents, which we will treat in
accordance with the normal procedures foreseen in Regulation (EC) No
1049/2001.

We apologise for the inconvenience.

Sincerely,

EDPS-secretariat

-----Original Message-----
From: Kurt Weiss [mailto:[FOI #459 email]]
Sent: 07 May 2013 20:03
To: European Data Protection Supervisor
Subject: Internal review of access to information request - Request to
access EDPS information and documents

Dear European Data Protection Supervisor,

I would like kindly to remind that the reply I am awaiting from
EDPS has been delayed.

By law I am entitled:
- first to an acknowledgement of receipt
and
- second to an reply to my request to access documents.

The deadline for reply was 6 May 2013.

Yours faithfully,

Kurt Weiss



-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #459 email]

This message and all replies from European Data Protection
Supervisor will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
http://www.asktheeu.org/en/help/officers


-------------------------------------------------------------------

hide quoted sections

Dear European Data Protection Supervisor,

Thank you for your reply.
In my original application I requested access to following information and documents:
- All and any documents related to EDPS investigation launched before 2009 and finalized in 2009, invoked by European Parliament (Committee on Civil
Liberties, Justice and Home Affairs) in 23.1.2013:

http://www.europarl.europa.eu/sides/getD...

- The outcome & decision of this EDPS investigation.

Yours sincerely,

Kurt Weiss

Dear European Data Protection Supervisor,

Please allow me to provide one more detail as to the request I made. I particularly refer to a case opened by EDPS following a complaint filled by one of the Team of Internal Audit of FRA (2008 / 2009). I request relevant documents and the Decision reached by EDPS(names can be made anonymous if necessary).

Additionally I request relevant documents and a list of cases opened by EDPS for every EU institution/body/agency.

Yours sincerely,

Kurt Weiss

European Data Protection Supervisor

4 Attachments

Dear Mr Weiss,

 

Following further internal review, we have discovered that both your
e-mails of 8 May and 13 May apparently fell victim to our anti-spam
filters and as a result reached us with delay, for which we apologise. Our
IT team is currently investigating possible measures to ensure that emails
received from the [1]www.asktheeu.org website arrive safely in our general
EDPS mailbox.

 

We hereby acknowledge receipt of your request which was registered on 14
May 2013.

 

In accordance with Article 7(1) of Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (i.e. by 04/06/2013).

 

Your case has been registered with case number 2013-0489.

 

Sincerely, 
 

  EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[2]Email [3][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[4]Twitter [5]@EU_EDPS   [6]Website [7]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

References

Visible links
1. http://www.asktheeu.org/
http://www.asktheeu.org/
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

European Data Protection Supervisor

10 Attachments

Dear Mr Weiss,
 
Please find attached a scanned version of a letter together with 5
annexes.
.
Yours sincerely,
 
 

  EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[1]Email [2][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

References

Visible links
2. mailto:[EDPS request email]
4. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
6. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Dear European Data Protection Supervisor,

Thank you for your reply and annexes. I take note about the ongoing consultation with FRA. I will wait for your decision as to the possibility of accessing the letter which is object of consultation.

Yours sincerely,

Kurt Weiss

European Data Protection Supervisor

5 Attachments

Dear Mr Weiss,
 
Further to our letter of 4 June, please find attached a follow-up letter
concerning your request for access to documents of 14 May 2013.
 
Sincerely,
 

  EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[1]Email [2][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

References

Visible links
2. mailto:[EDPS request email]
4. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
6. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Dear European Data Protection Supervisor,

In accordance to relevant provisions of law and your recommendation I hereby submit my confirmatory application.

I respectfully ask you to review your decision not to grant me full access to the requested documents. I agree that the letter in question dated 18 December 2012, which EDPS negotiated with FRA (in order to disclose it), to be submitted by darkening the names and thus to preserve privacy.

As to the Bavarian Lager judgment, invoked by EDPS and also by FRA here http://www.asktheeu.org/en/request/reque... please refer to the jurisprudence invoked by me in reply to FRA (also below).

“In accordance to p. 165 of Judgment of the Civil Service Tribunal of 2 May 2007 in Case F-23/05: “it has to be recognized that a culture of accountability has grown up within the Community institutions, responding in particular to the concern of the public
to be informed and assured that malfunctions and frauds are identified and, as appropriate, duly eliminated and punished. The consequence of that requirement is that officials and other
servants who hold posts of responsibility within an administration such as the Commission must take into account the possible existence of a justified need to communicate a degree of information to the public”.

Based on this jurisprudence I respectfully request a reassessment of your decision.

Yours sincerely,

Kurt Weiss

European Data Protection Supervisor

4 Attachments

Dear Mr Weiss, 
 
We acknowledge receipt of your confirmatory application in case file
2013-0489. Your application was registered on 14 June 2013.
 
In accordance with Article 8(1) of Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 5 July 2013).
 
Yours sincerely,
 

  EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

[1]Email [2][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[3]Twitter [4]@EU_EDPS   [5]Website [6]www.edps.europa.eu

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

References

Visible links
2. mailto:[EDPS request email]
4. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
6. http://www.edps.europa.eu/
http://www.edps.europa.eu/

European Data Protection Supervisor

7 Attachments

Dear Mr Weiss,

 

Following your confirmatory application of 14 June, please find attached a
letter with two attachments.

 

Sincerely,

 

 

 [1]Description: EDPS Secretariat 
https://secure.edps.europa.eu/EDPSWEB/we...
Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

 

[2]Description: https://secure.edps.europa.eu/EDPSWEB/we... request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels

[4]Description:   [6]Description:
https://secure.edps.europa.eu/EDPSWEB/we... https://secure.edps.europa.eu/EDPSWEB/we...

 

This email (and any attachment) may contain information that is internal
or confidential. Unauthorised access, use or other processing is not
permitted. If you are not the intended recipient please inform the sender
by reply and then delete all copies. Emails are not secure as they can be
intercepted, amended, and infected with viruses. The EDPS therefore cannot
guarantee the security of correspondence by email.

 

 

 

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/