Ref. Ares(2022)1224166 - 18/02/2022
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate R - Resources, Inter-Institutional Relations, Communications and Civil Society
R.3 Transparency, Civil Society and Communications
The Head of Unit
Brussels
R3/MM/SL
trade.r.3(2022)1046499
By registered letter with
acknowledgment of receipt
Ms Venetia ROXBURGH
1 Long Lane
Borough
UK – London
Advance
copy
by
email:
ask+request-10456-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your application for access to a document– Ref GestDem 2022/0143
Dear Ms Roxburgh,
I refer to your application dated 5 January 2022, in which you make a request for access
to documents under Regulation (EC) No 1049/20011 (‘Regulation 1049/2001’),
registered under the above mentioned reference number.
1. SCOPE OF YOUR REQUEST
In your request, you asked for access to:
“All documentation (including but not limited to all email correspondence, attendance
lists, agendas, background papers, transcripts, recordings and minutes/notes) relating to
the meetings listed below:
Between Eurofer and Gints Freimanis, Cabinet member of Valdis Dombrovskis on the
3rd May 2021.”
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 20 May 2001
regarding public access to European Parliament, Council and Commission documents (OJ L 145,
31.5.2001, p. 43).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
2. ASSESSMENT AND CONCLUSIONS UNDER REGULATION 1049/2001
In accordance with settled case law2, when an institution is asked to disclose a document,
it must assess, in each individual case, whether that document falls within the exceptions
to the right of public access to documents set out in Article 4 of Regulation 1049/2001.
Such assessment is carried out in a multi-step approach:
- first, the institution must satisfy itself that the document relates to one of the
exceptions, and if so, decide which parts of it are covered by that exception;
- second, it must examine whether disclosure of the parts of the document in
question pose a "
reasonably foreseeable and not purely hypothetical" risk of
undermining the protection of the interest covered by the exception;
- third, if it takes the view that disclosure would undermine the protection of any of
the interests defined under Article 4(2) and Article 4(3) of Regulation 1049/2001,
the institution is required "
to ascertain whether there is any overriding public
interest justifying disclosure"3.
In view of the objectives pursued by Regulation 1049/2001, notably to give the public the
widest possible right of access to documents4, ’
the exceptions to that right […] must be
interpreted and applied strictly’5.
In reply to your request, I can inform you that we have identified
one document that falls
within the scope of your request. Please be informed that the meeting on 3 May 2021 was
an exchange with several different stakeholders and Eurofer was but one organisation
participating in this multi stakeholder event.
Having examined the requested document under the applicable legal framework, I am
pleased to grant you
partial access to it. In the document
names and other personal data
have been redacted pursuant to article 4(1)(b) of Regulation 1049/2001 and in accordance
with Regulation (EC) No 2018/1725. Hence, the main content of this document relevant
to your request is accessible. A copy of the accessible document is enclosed to this letter.
The reasons justifying the application of the exception concerning personal data are set
out below.
The document was drawn up for internal use under the responsibility of the relevant
officials within the Cabinet of EVP Valdis Dombrovskis. It solely reflects the author's
interpretation of the interventions made and does not set out any official position of the
third parties to which the document refers, which was not consulted on its content. It does
not reflect the position of the Commission and cannot be quoted as such.
2 Judgment in
Sweden and Maurizio Turco v Council, Joined cases C-39/05 P and C-52/05 P,
EU:C:2008:374, paragraph 35.
3
Id., paragraphs 37-43. See also judgment in
Council v Sophie in ‘t Veld, C-350/12 P, EU:C:2014:2039,
paragraphs 52-64.
4 See Regulation 1049/2001, recital (4).
2
2. PROTECTION OF PRIVACY AND THE INTEGRITY OF THE INDIVIDUAL, IN ACCORDANCE
WITH ARTICLE 4(1)(B) OF REGULATION 1049/2001
2.1. Personal data
We disclose the document partially, as certain personal data therein required to be
redacted in in accordance with Article 4(1)(b) of Regulation 1049/2001, namely the
names/initials and contact details of other natural persons.
To this regard Article 4(1)(b) of Regulation 1049/2001 provides that
‘[t]he institutions
shall refuse access to a document where disclosure would undermine the protection of:
[…] privacy and the integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data’.
The applicable legislation in this field is Regulation (EU) No 2018/17256 (hereafter
‘Regulation 2018/1725’ or ‘Data Protection Regulation’).
Indeed, in its judgment in Case C-28/08 P (
Bavarian Lager)7, the Court of Justice had
ruled that when a request is made for access to documents containing personal data, the
Data Protection Regulation becomes fully applicable.8
Article 3(1) of Regulation 2018/1725 provides that personal data
‘means any information
relating to an identified or identifiable natural person […]’. The Court of Justice has
specified that
any information, which by reason of its content, purpose or effect, is linked to
a particular person is to be considered as personal data.9 Please note in this respect that the
names, signatures, functions, telephone numbers and/or initials pertaining to staff
members of an institution are to be considered personal data10, as well as those of
individuals belonging to third parties. As already indicated above, the document
contains
personal information such as names or other information allowing the identification of
natural persons, i.e. personal data.
5 Judgment in
Sweden v Commission, C-64/05 P, EU:C:2007:802, paragraph 66.
6 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)
No 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
7 Judgment of 29 June 2010 in Case C-28/08 P,
European Commission v The Bavarian Lager Co. Ltd,
EU:C:2010:378, point 59.
8 Whereas this judgment specifically related to Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protection of individuals with regard to the processing
of personal data by the Community institutions and bodies and on the free movement of such data, the
principles set out therein are also applicable under the new data protection regime established by
Regulation 2018/1725.
9 Judgment of the Court of Justice of the European Union of 20 December 2017 in C
ase C-434/16, Peter
Novak v Data Protection Commissioner, request for a preliminary ruling, points 33-35,
ECLI:EU:T:2018:560.
10 Judgment of the General Court of 19 September 2018 in cas
e T-39/17, Port de Brest v Commission,
points 43-44,
ECLI:EU:T:2018:560.
3
2.2 Question of ‘transfer’ of personal data and conclusion
In your application, you indicate that your address is in the United Kingdom. Transfers of
personal data from the Commission to countries that are not members of the European
Economic Area (EEA) are regulated under Chapter V of Regulation 2018/1725.
According to Article 47(1) of Regulation 2018/1725, a transfer of personal data to a third
country may take place where the Commission has decided that the third country, a
territory or one or more specified sectors within that country in question ensures an
adequate level of protection and where the personal data are transferred solely to allow
tasks within the competence of the controller to be carried out.
Based on the information available, the country of your residence is recognised by the
Commission as ensuring an adequate level of protection11.
However, Article 9(1)(b) of Regulation 2018/1725 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
express any particular interest to have access to these personal data nor do you put forward
any 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 4(1)(b) of Regulation 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.
3. POSSIBILITY OF CONFIRMATORY APPLICATION
In case you would disagree with the assessment provided in this reply, you are entitled, in
accordance with Article 7(2) of Regulation 1049/2001, 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’ (unit SG C.1)
BERL 7/076
1049 Bruxelles
BELGIUM
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
11 Cf.
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-
protection/adequacy-decisions_en
and Commission Implementing Decision (EU) 2021/1772 of
28 June 2021 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on
the adequate protection of personal data by the United Kingdom, OJ L 360, 11.10.2021, p. 1.
4
Yours faithfully,
Michelangelo MARGHERITA
Head of Unit
Enclosure:
1 document
5
Electronically signed on 18/02/2022 08:07 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline