Ref. Ares(2022)631146 - 27/01/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Deputy Secretary-General - Policy Coordination
Brussels
SG.D.1/HZ
By email
Naomi Hirst
Global Witness
Rue Belliard 53
1000 Bruxelles
Belgium
ask+request-10271-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2021/7354
Dear Ms Hirst,
We refer to your e-mail of 26 November 2021 in which you make a request for access to
documents, registered on the same date under the above-mentioned reference number.
Please apologise the late reply in this case.
You request access to:
all documents – including but not limited to correspondence,
emails, minutes, notes, recordings, reports, operational conclusions, lines to take,
briefings and presentations – related to the meeting on 13 October 2021 between Renate
Nikolay and ITI - The Information Technology Industry Council.
Your application concerns the following document:
-
An email with the subject “MEETING request between VP Jourová and ITI’s CEO
Jason Oxman - 13/10/2021 - 15h00” with correspondence from 20 September to 30
September.
Full disclosure of this document is prevented by the exception concerning the protection
of privacy and the integrity of the individual outlined in Article 4(1)(b) of Regulation (EC)
No 1049/2001, because it contains personal data.
Article 9(1)(b) of the Regulation (EU) 2018/1725 does not allow the transmission of
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
xxxxx.xxxxxx@xx.xxxxxx.xx
express any particular interest to have access to these personal data nor put forward
arguments to establish the necessity to have the data transmitted for a specific purpose in the
public interest.
Consequently, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access cannot
be granted to the personal data, as the need to obtain access thereto for a purpose in the
public interest has not been substantiated and there is no reason to think that the legitimate
interests of the individuals concerned would not be prejudiced by disclosure of the personal
data concerned.
In your request, you specify that it also covers documents such as minutes, notes,
recordings, reports, operational conclusions, lines to take, briefings and presentations
related to this meeting. However, we regret to inform you that the Commission does not
hold any documents that would correspond to this description given in your application.
As specified in Article 2(3) of Regulation (EC) No 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, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil this
part of your request.
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 Secretariat-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 Brussels
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Electronically signed
Elisabeth WERNER
(acting) Director
Enclosure:
1 pdf document
2
Electronically signed on 27/01/2022 08:52 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482