Ref. Ares(2021)7162744 - 22/11/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
HUMAN RESOURCES AND SECURITY
The Director-General
Brussels, 21 November 2021
HR/GI
Ms Margarida da Silva
CEO
Rue d’Edimbourg 26
Brussels
By
e-mail:
ask+request-10008-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref /GestDem No 2021/5927
Dear Ms da Silva,
I refer to your e-mail, dated 6 October 2021, registered on 7 October 2021 under the
reference number 2021/5927, in which you make a request for access to documents.
You request access to
“documents which relate to any article 16, article 12B and article 40
(staff regulations) applications made by Nicholas Banasevic, former Head of Unit at DG
Competition.
In particular, I request a note of all Mr. Banasevic's job titles at the Commission including
dates held; copies of any application(s) that he has made under article 12b, 16 and 40 to
undertake a new professional activity; and all documents (correspondence, emails, meeting
notes etc) related to the authorisation of the new role or roles.”
Having examined your request under Regulation (EC) No 1049/2001 and Regulation (EU)
2018/1725 (hereafter, Data Protection Regulation), I regret to inform you that your request
cannot be handled as handling your request, including the confirmation of the existence of
documents falling under the scope of your request or not, and any identification of
documents covered by your request (if any), is prevented by the Data Protection Regulation.
Information about the existence of documents falling under the scope of your request,
formulated in relation to an identified or identifiable natural person, and their identification,
if any, constitutes processing of personal data and reveals information relating to an
identified or identifiable natural person (personal data).
Article 9(1)(b) of the Data Protection Regulation does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you
for a specific purpose in the public interest and where there is no reason to assume that
the legitimate interests of the data subject might be prejudiced. In your request, you do not
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: L107 21 /007 - Tel. direct line +32 229-90515
xxxxxxx.xxxxxxxx@xx.xxxxxx.xx
express any particular interest to have access to these personal data nor do you put forward
sufficiently substantiated arguments to establish the necessity to have the data transmitted
for a specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 9(1)(b) of the Data Protection Regulation,
your request formulated in relation to an identified, or identifiable, natural person cannot be
handled, as the need to obtain access to the personal data resulting from the handling of your
request, for a specific purpose in the public interest, has not been substantiated and there is
no reason to think that the legitimate interests of the individual concerned would not be
prejudiced by disclosure of the personal data concerned.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Gertrud INGESTAD
(e-signed)
2
Electronically signed on 21/11/2021 22:34 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482