Ref. Ares(2020)5213484 - 05/10/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
HUMAN RESOURCES AND SECURITY
Directorate HR.C - Talent Management & Diversity - Executive Staff
Senior Management & CCA
Brussels
HR.C.1/SCP
Ms Myriam DOUO
Friends of the Earth
Rue d'Edimbourg 26
B-1050 Ixelles
Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms DOUO,
Subject: Your application for access to documents – Ref GestDem No 2020/5413
I refer to your e-mail of 14 September 2020 in which you make a request for access to
documents. This request was registered at the same date under the above-mentioned
reference number.
You request access to:
The request for the appointment of Ms Nathalie Tocci as a Special Adviser to
Josep Borrell made to DG ADMIN including the indication of the tasks to be
carried out, the expected number of days’ work and the estimate of mission
appropriations, as well as the proposed rate of remuneration.
Any correspondence (including emails, agendas, records and minutes of
meetings, or any other correspondence) between DG ADMIN and Ms Nathalie
Tocci.
Any correspondence between the EEAS and the Secretariat-General
mentioning Ms Nathalie Tocci.
The assessment of conflict of interest made by DG ADMIN regarding Ms Tocci’s
appointment as special adviser to Josep Borrell.
DG ADMIN’s notification to the Member of the Commission with responsibility
for Personnel and Administration of the outcome of this conflict of interest check.
I would like to inform you, that the third indent of your request has been registered
separately as GestDem No 2020/5466 and will be answered by another Commission
service.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: SC11 08/044 - Tel. direct line +32 229-81755
xxxxx.xxxxxx@xx.xxxxxx.xx
Having examined the document covered by the first point of your request, I have come to
the conclusion that it may be disclosed. It is attached to the present letter.
However, since the handwritten signature in this document is biometric data, there is a risk
that its disclosure would prejudice the legitimate interests of the persons concerned. The
signature has therefore been redacted in the attached copy.
In respect of indent 2, we include one mail of Ms Susan Panter to Ms Tocci of 28/07/2020
and three emails of Ms Tocci sent until 14/09/2020: two emails of 28/07/2020 and one
email of 8/08/2020. For the reasons set out above, the handwritten signature has been
redacted in the annex of the email of 8/08/2020.
In respect of indents 4 and 5 concerning the assessment of conflict of interest, we included
an email of Mr Henk Post to Mr Pedro Serrano of 25/05/2020 detailing the assessment of
conflict of interest made by DG HR and an email of Ms Susan Panter to Mr David Mueller
of 12/05/2020 which notifies of the outcome of this conflict of interest check.
With regard to the last email of 12/05/2020 listed above, a complete disclosure of the
identified document 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 of other 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 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 of other natural persons that are
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.
In case you would disagree with the assessment that the redacted data are personal data
which can only be disclosed if such disclosure is legitimate under the applicable rules on the
protection of personal data, 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 Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
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Yours sincerely,
Susan Panter
Head of Unit
Enclosures:
Designation form of Ms Tocci
Emails: email of Ms Susan Panter to Ms Tocci of 28/07/2020, two emails of
28/07/2020 and one email of 8/08/2020 from Ms Tocci; email of Mr Henk
Post to Mr Pedro Serrano of 25/05/2020 and an email of Ms Susan Panter to
Mr David Mueller of 12/05/2020
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