Ref. Ares(2022)1233054 - 18/02/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Resource management and better regulation
Better regulation
Brussels
SANTE.A.1/CF
Lora VERHEECKE
Rue du Bronze 9
1070 Brussels
Belgium
by e-mail only:
ask+request-10474-
xxxxxxxx@xxxxxxxx.xxx
Dear Sir/Madam,
Subject:
Your application for access to documents – GESTDEM 2022/0148
We refer to your request of 08 January 2022 in which you make a request for access to
documents, registered on 10 January 2022 under the above mentioned reference number.
We also refer to our email of 31 January 2022 extending the time limit to respond to your
request according to Article 7 (3) of Regulation (EC) No 1049/2001.
1. Scope of your request
In your request, you ask on the basis of Regulation (EC) No 1049/2001 access to:
“
All documents—including but not limited to correspondence (including email and
letters) containing substantive discussion relevant to the meeting topic, attendance lists,
agendas, background papers, transcripts, recordings, minutes, notes, and meeting
conclusions—relating to the meeting between Ralf Kuhne and Karolina Herbout-
Borczak with DigitalEurope on 25th September 2020.”
2. Identification and assessment of relevant documents
We have identified 4 documents that fall within the scope of your request, namely:
1. 01. Ares(2020)5621801;
2. 02. Ares(2020)5621662;
3. 02.1. Annex to Ares(2020)5621662 and
4. 03. Ares(2022)713217.
Having examined all the documents under the provision of Regulation (EC) No 1049/2001,
we have come to the conclusion that all the documents can be partially released, as their full
disclosure is prevented by one exception to the right of access laid down in Article 4 of the
Regulation, as further explained in paragraph 3.
You may reuse public documents, which have been produced by the European Commission
or by public and private entities on its behalf based on the
Commission Decision on the
reuse of Commission documents. You may reuse the documents disclosed free of charge
and for non-commercial and commercial purposes provided that the source is acknowledged
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
and that you do not distort the original meaning or message of the documents. Please note
that the Commission does not assume liability stemming from the reuse.
3. Reason for partial disclosure
Protection of the privacy and integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data - Article 4(1)(b) of
Regulation (EC) No 1049/2001
With regard to the identified documents, a complete disclosure 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 they contain the following
personal data:
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other natural persons;
- other information relating to an identified or identifiable natural person such as
office/phone numbers or email addresses.
Article 9(1)(b) of the Data Protection Regulation1 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, we conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
document, 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.
Therefore, the above-mentioned documents are disclosed redacted of the parts containing
personal data.
4. Means of redress
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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Bruxelles,
1 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.
2
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Carmen GARAU
Head of Unit
Enclosure: Disclosed documents
3
Electronically signed on 18/02/2022 14:24 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482