Ref. Ares(2015)1682287 - 21/04/2015
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
Cooperation
Stakeholders
Brussels,
DG CNECT/D4/AAK/SS/ns
ARES (2015)
Ms Vicky Cann
Corporate Europe Observatory
26, rue d'Edimbourg
B-1050 Bruxelles, Belgique
Emai
l:ask+request-1805-
xxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your request for Access to Documents Ref. GestDem 2015/1270; our
holding reply on the extension of the deadline of 23/03/2015
Dear Ms Cann,
I refer to your e-mail dated 02/03/2015 in which you make a request for access to
documents, registered by our services on 02/03/2015 under the above-mentioned
reference number. I also refer to the notification on the extension of the deadline that we
sent on 09/03/2015.
The documents that you have requested contain personal data.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its 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 (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 data1 .
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable. According to Article 8(b) of this Regulation, personal
data shall only be transferred to recipients if they establish the necessity of having the
data transferred to them and if there is no reason to assume that the legitimate rights of
the persons concerned might be prejudiced.
1 1 OJ L 8 of 12.1.2001, p. 1
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU25 5/85 - Tel. direct line +32 229-97671 - Fax +32 229-63344
xxxxxx.xxxxxx@xx.xxxxxx.xx
I consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned.
Therefore, I am sending you the requested document expunged from this personal data.
If you wish to receive these personal data, I invite you to provide us with arguments
showing the need for having these personal data transferred to you and the absence of
adverse effects to the legitimate rights of the persons whose personal data should be
disclosed.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
data protection, 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/327
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Antoaneta Angelova-Krasteva
Enclosure: Email correspondence
c.c.:
S. Szalai, M. Mateo Goyet, A. Marcos Figueruelo (CNECT), K. Sjodoff
(CAB Oettinger)