Ref. Ares(2020)3141091 - 17/06/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR RESEARCH & INNOVATION
Directorate B - Common Implementation Centre
B.1 - Common Legal Support Service
Head of Unit
B1/RS/JCV
rtd.b.1.002(2020)3480344
By registered letter with
acknowledgment of receipt
Mr Mathias Schindler
Bundestagsbüro Julia Reda, MdEP
Unter den Linden 50 1
1011 Berlin
Advance copy by e-mail: ask+request-8039-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your application for public access to documents – GestDem Ref No
2020/3461
Dear Mr Schindler,
We refer to your email dated 05/06/2020 in which you submitted an application for
public access to documents within the framework of Regulation (EC) 1049/20011.
1. SCOPE OF YOUR REQUEST
You requested access to the following documents:
“
a copy of each Access to Documents request from 2018 and 2019 that was refused
registration because the requesting person did not provide a postal address”
We have identified one document matching the criteria of your request (hereinafter the
“
requested document), and more specifically an exchange of emails between a requestor
and the Access to Documents team of the Directorate-General for Research and
Information, registered under reference Ares(2018)3287044.
2. EXAMINATION UNDER REGULATION (EC) NO 1049/2001
We are pleased to inform you that partial access can be granted to the requested
document. Please note that personal data has been expunged, where necessary, in
accordance with the exception provided under Article 4(1)(b) of Regulation (EC) No
1049/2001, as explained below:
1 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 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
Email:
xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Protection of privacy and the integrity of the individual
According to Article 4(1)(b) of Regulation (EC) No 1049/2001, access must be refused
where disclosure would undermine the protection of "
privacy and the integrity of the
individual", in particular in accordance with European Union legislation regarding the
protection of personal data2.
The requested document contains information which constitutes personal data in the
meaning of Article 3(1) of Regulation (EU) 2018/1725. Such data are the names or
information leading to the identification of third parties and of the Commission’s
officials not having the function of senior management staff.
Pursuant to Article 9(1)(b) of Regulation (EU) 2018/1725, personal data shall only be
transmitted to recipients established in the Union other than Union institutions and bodies
if
“[t]he recipient establishes that it is necessary to have the data transmitted for a
specific purpose in the public interest and the controller, where there is any reason to
assume that the data subject’s legitimate interests might be prejudiced, establishes that it
is proportionate to transmit the personal data for that specific purpose after having
demonstrably weighed the various competing interests”.
The European Commission has to examine the further conditions for a lawful processing
of personal data only if the first condition is fulfilled, namely if the recipient has
established that it is necessary to have the data transmitted for a specific purpose in the
public interest. In your request, you do not put forward any arguments to establish the
necessity to have the data transmitted for a specific purpose in the public interest.
Therefore, personal data has been withheld from the requested document.
3. DISCLAIMER AND RE-USE OF THE DOCUMENT
You may reuse the disclosed document free of charge, for non-commercial and
commercial purposes, provided that the source is acknowledged, that you do not distort
the original meaning or message of the document. Please note that the Commission does
not assume liability stemming from the reuse.
4. MEANS OF REDRESS
Should you wish this position to be reconsidered, in accordance with Article 7(2) of
Regulation (EC) 1049/2001, you are entitled to present in writing, within fifteen working
days from receipt of this letter, a confirmatory application to the Commission's
Secretary-General at the following address:
European Commission
Secretary-General
Unit SG C.1 – Transparency, document management & access to documents
2 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
BERL 7/076
B-1049 Brussels
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Reinhard Schulte
Enclosure: the requested document, expunged from personal data.
3
Electronically signed on 17/06/2020 08:40 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
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