Working documents prior to opinion of FRA on TCO

Bastien Le Querrec made this access to documents request to European Union Agency for Fundamental Rights

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The request was refused by European Union Agency for Fundamental Rights.

Bastien Le Querrec

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:

- All internal working documents that would not have been made public containing comments, presentation material (powerpoint, etc.) and legal analysis from the EU Agency for Fundamental Rights on the proposal for a Regulation on preventing the dissemination of terrorist content online (COM(2018) 640 final), produced prior to opinion of FRA on 12 February 2019. This shall include, but is not limited to, internal emails, background/briefing notes, and minutes of meetings.

If available, I'm also requesting a French version of each of these documents.

Please note that I am requesting access only to anonymised documents without personally identifiable information.

Yours faithfully,

Bastien Le Querrec
c/o La Quadrature du Net
115 rue de Ménilmontant
75020 Paris
France

FRA - Documents, European Union Agency for Fundamental Rights

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Vienna 30.08.2023

Ref: 2023-outgoing-933

 

 

Dear Mr Le Querrec,

 

Thank you for your public access to documents request to the European
Union Agency for Fundamental Rights (FRA).

 

We would like to inform you that applications made under Regulation
1049/2001 are submitted through the Agency's website only. This enables
FRA to ensure that requests are made in a precise manner and contain
sufficient elements to enable the Agency to identify that the applicant is
a citizen or resident of the Union, as laid down in Article 2 (1)
Regulation (EC) No. 1049/2001.

 

Please kindly submit your request through the website via the links below.

 

• You will be able to complete the online form from the following link
here: [1]Application for access to documents | European Union Agency
for Fundamental Rights (europa.eu)

 

• or by completing the online pdf here:
[2]https://fra.europa.eu/sites/default/file....

 

As soon as the Agency receives your request, an acknowledgement of receipt
will be sent to you together with a unique registration number assigned to
your request. The Agency will handle your application within a maximum of
fifteen working days, unless that period is extended on the conditions
laid down in Art. 7 of 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: [3]Access to documents | European Union Agency for
Fundamental Rights (europa.eu)

 

For more information, please refer to [4]Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents.

 

Kind regards,

FRA Documents

 

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FRA - Documents

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Tel: [5]+43 (1) 580 30 - 0 - Email: [6][FRA request email] 

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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 'Working documents prior to opinion of FRA on TCO', introduced on 23/08/2023.

The agency has refused to grant access to the requested documents because the application was not submitted using the form on the FRA website. This decision is unjustified. The request was made with sufficient information to determine precisely the documents requested, and my status as a citizen or resident of the Union was specified. The Agency cannot, therefore, limit applications to those submitted via its online form, which is a restriction of Regulation 1049/2001.

The application was requesting, under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, the following information:

- All internal working documents that would not have been made public containing comments, presentation material (powerpoint, etc.) and legal analysis from the EU Agency for Fundamental Rights on the proposal for a Regulation on preventing the dissemination of terrorist content online (COM(2018) 640 final), produced prior to opinion of FRA on 12 February 2019. This shall include, but is not limited to, internal emails, background/briefing notes, and minutes of meetings. If available, I'm also requesting a French version of each of these documents. Please note that I am requesting access only to anonymised documents without personally identifiable information.

Yours faithfully,

Bastien Le Querrec
c/o La Quadrature du Net
115 rue de Ménilmontant
75020 Paris
France

ARES NOREPLY,

1 Attachment

[1]RE: Internal review of access to documents request - Working documents
prior to opinion of FRA on TCO - Ares(2023)6644783  (Please use this link
only if you are an Ares user – Svp, utilisez ce lien exclusivement si vous
êtes un(e) utilisateur d’Ares)

Sent by ve_fra.accesstodocuments (FRA) <[FRA request email]>. All
responses have to be sent to this email address.
Envoyé par ve_fra.accesstodocuments (FRA) <[FRA request email]>.
Toutes les réponses doivent être effectuées à cette adresse électronique.

Vienna, 02/10/2023

Dear Mr Le Querrec,

In relation to your access to documents application, in the attached email
sent to you on 30 August 2023, FRA kindly asked that you to follow the
procedure the Agency has in place regarding access to documents requests,
and to use the appropriate channels designated to submit your application.

This procedure is in place to ensure requests are made in a sufficiently
precise manner and contain, in particular, sufficient elements to enable
the Agency to identify the document or documents requested. You can also
find the information provided to you regarding the procedure on our
website under this link Access to documents |
[2]https://fra.europa.eu/en/content/applica....

Once FRA has received your initial application through the online form,
the Agency will reply to you with an acknowledge of receipt notification.

Kind regards,

FRA Documents

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