Ref. Ares(2022)6215449 - 08/09/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
SG.D.1 - Digital Transition, Industry & Single Market
Brussels
SG.D.1
By registered letter with acknowledgment of receipt
Mr Maximilian Henning
Viktoriastrasse 50a,
64293 Darmstadt, Germany
Advance copy by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Mr Maximilian Henning,
Subject:
Your application for access to documents – GESTDEM 2022/4355
We refer to your e-mail of 28 July 2022 in which you make a request for access to documents,
registered on 29 July 2022 under the above-mentioned reference number.
You request access to “
All minutes, agendas, summaries, notes or memos issued before or after;
documents prepared for, issued in preparation for, or exchanged during; as well as all
correspondence including attachments by either of the meeting parties related to
- the 11.07.2022 meeting between Werner Stengg, Penelope Papandropoulos and Netflix
International B.V.
- the 11.07.2022 meeting between Michele Piergiovanni and Cisco Systems Inc.
- the 12.07.2022 meeting between Werner Stengg and Johnson & Johnson (J&J)
- the 13.07.2022 meeting between Werner Stengg and Hanover Communications International”
Your application concerns the following documents:
-
ChairePcEn_Research_210122 (hereafter “document 1”);
-
Email Hanover REV1, (hereafter “document 2”);
-
Email JJ REV1, (hereafter “document 3”);
-
Email Netflix REV1, (hereafter “document 4”);
-
Meeting with JJ, (hereafter “document 5”);
-
Meeting with Netflix_july REV1, (hereafter “document 6”);
-
Meeting with Paramount, (hereafter “document 7”);
-
Open Connect White Paper, (hereafter “document 8”).
With regard to the documents listed above, a complete disclosure of the identified documents 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;
-
handwritten signatures/abbreviated signatures of natural persons.
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 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 (EC) No 1049/2001, access
cannot be granted to the personal data contained in the requested documents, 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.
Please note that documents 1 and 8 originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules on
intellectual property, which may limit your right to reproduce or exploit the released documents
without the agreement of the originator, who may hold an intellectual property right on them. The
European Commission does not assume any responsibility from their reuse.
The documents 5,6 and 7 were drawn up for internal use under the responsibility of the relevant
officials of the European Commission. 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. It does not reflect the position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article 7(2) of
Regulation (EC) No 1049/2001, to submit 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
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to
: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
2
(e-signed)
Elisa Roller
Director
Annex:
ChairePcEn_Research_210122
Email Hanover REV1
Email JJ REV1
Email Netflix REV1
Meeting with JJ REV1
Meeting with Netflix_july REV1
Meeting with Paramount
Open Connect White Paper
3
Electronically signed on 07/09/2022 08:45 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121