Ref. Ares(2016)6289542 - 07/11/2016
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate A - Resources, Information and Policy Coordination
Information, Communication and Civil Society
Brussels
trade.a.3.dir(2016)6852391
By registered letter with acknowledgment
of receipt
Lora Verheecke
Corporate Europe Observatory
Rue d'Edimbourg 26
1050 Brussels
Belgium
Advance copy by email:
ask+request-3514-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – Ref GestDem No 2016/5973
Dear Ms Verheecke,
I refer to your email of 24 October 2016 in which you make a request for access to
documents under Regulation (EC) No 1049/20011 ("Regulation 1049/2001"), registered
on 25 October 2016 under the above mentioned reference number.
You request access to "
all communication, including emails, and documents (agenda,
minutes, list of participants, etc) related to the meeting between Christian Burgsmueller
and Squire Patton Boggs LLP (SPB) on 20th October 2016".
We have identified the following documents that falls under the scope of your request:
An exchange of emails that includes a meeting request and a reply from the
Cabinet of Commissioner Malmström ("
document 1") (Ares(2016)6069851);
the report of the meeting ("
document 2") (Ares(2016)6057524).
I am glad to inform you that full access can be granted to the content of these documents.
However, some personal data have been withheld in documents 1 and 2 in accordance
with Article 4(1)(b) of Regulation 1049/2001. In line with the Commission's commitment
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
to ensure transparency and accountability2, the names of the members of Cabinet are
disclosed. For Squire Patton Boggs, the name of its Principal is also disclosed. Copies of
the accessible documents are enclosed.
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 (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 data3.
The Court of Justice has ruled that
"where an application based on Regulation 1049/2001
seeks to obtain access to documents containing personal data" "the provisions of
Regulation 45/2001, of which Articles 8(b) and 18 constitute essential provisions, become
applicable in their entirety"4
.
Article 2(a) of Regulation 45/2001 provides that
"'personal data' shall mean any
information relating to an identified or identifiable natural person […]". The Court of
Justice has confirmed that
"there is no reason of principle to justify excluding activities of a
professional […] nature from the notion of 'private life'"5 and that
"surnames and
forenames may be regarded as personal data"6
, including names of the staff of the
institutions7.
In accordance with Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish
"the necessity of having the data transferred" and additionally
"if there is no reason to assume that the legitimate interests of the data subjects might be
prejudiced". The Court of Justice has clarified that
"it is for the person applying for access
to establish the necessity of transferring that data".8
I consider that you have not established the necessity of having the aforementioned
personal data transferred to you. Moreover, it cannot be assumed on the basis of the
information available, that disclosure of such personal data would not prejudice the
2 See Commission decisions C(2014) 9051 and C(2014) 9048 of 25 November 2014.
3 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 the free movement of such data, OJ L 8, 12.1.2001, p. 1.
4 Judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraph 101; see also
judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378, paragraphs 63 and 64.
5 Judgment in
Rechnungshof v Rundfunk and Others, Joined cases C-465/00, C-138/01 and C-139/01,
EU:C:2003:294, paragraph 73.
6 Judgment in
Commission v Bavarian Lager, C-28/08 P, EU:C:2010:378, paragraph 68.
7 Judgment in
Guido Strack v Commission, C-127/13 P,
EU:C:2014:2250, paragraph 111.
8
Id., paragraph 107; see also judgment in C-28/08 P
Commission v Bavarian Lager, EU:C:2010:378,
paragraph 77.
2
legitimate interests of the persons concerned. Therefore, these personal data shall remain
undisclosed in order to ensure the protection of the privacy and integrity of the
individuals concerned.
***
You may reuse the documents free of charge for non-commercial and commercial purposes
provided that the source is acknowledged and that you do not distort the original meaning or
message. The Commission does not assume liability stemming from the reuse.
***
In case you would disagree with the assessment that the withheld 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 5/282
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[e-signed]
Lutz Güllner
Head of Unit
3
Electronically signed on 07/11/2016 16:52 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563