Ref. Ares(2021)6483454 - 21/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
Resources and Support
Compliance and Planning
Brussels
CNECT.R.4
Margarida da Silva
Rue D'Edimbourg 26
1050 Ixelles
Belgique
Advance copy per e-mail:
ask+request-9924-
xxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your access to documents request - GestDem 2021/5425
Dear Ms da Silva,
We refer to your e-mail of 10 September 2021 in which you make a request for public
access to documents pursuant to 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 (hereinafter 'Regulation 1049/2001'),
registered on 10 September 2021 under the above-mentioned reference number.
We also refer to our holding reply, dated 1 October 2021, our reference
Ares(2021)6774592, whereby we informed you that the time limit for handling your
application was extended by 15 working days pursuant to Article 7(3) of Regulation
1049/2001.
1. SCOPE OF YOUR APPLICATION
You requested access to the following:
‘
Under the right of access to documents in the EU treaties, as developed in Regulation
1049/2001, I am requesting all documents which contain input, feedback, comments
or analysis from any and all EU agencies to the development of the AI Act.
This may include, but not necessarily be limited to:
- position papers, reports, opinion papers submitted by those agencies
- correspondence, minutes of the meetings, verbatim reports of the meetings,
transcripts, that would provide a record of the proceedings of meetings between
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
DG CNNECT officials (including the Commissioner and Cabinet) and those agencies
to discuss the AI Act.
I am interested in documents dated from January 2020 until now.’
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
We have identified the following documents as falling within the scope of your request:
1) BTO - Meeting CNECT.A2 and ENISA 18 June 2021; Ares(2021)5816381
(
Document 1)
2) BTO - Meeting CNECT.A2 with ENISA 2 July 2021; Ares(2021)5817498
(
Document 2)
3) BTO - Meeting CNECT.A2 with ENISA 19 July 2021; Ares(2021)6116951
(
Document 3)
4) BTO - Meeting CNECT.A2 with ENISA 27 August 2021; Ares(2021)5817650
(
Document 4)
5) ENISA Briefing Note AI Regulation and the Coordinated Plan on AI 2021review;
Ares(2021)5817854 (
Document 5)
6) Feedback from the EU Agency for Fundamental Rights on the White Paper on
Artificial Intelligence - a European Approach; Ares(2020)3430265 (
Document 6)
7) BTO for the meeting between Roberto Viola and Michael O'Flaherty from the EU
Agency for Fundamental Rights from 22 October 2020; Ares(2021)5875856
(
Document 7)
8) Report of the EU Agency for Fundamental Rights: “Getting the future right –
Artificial intelligence and fundamental rights”, Ares(2021)6056638
(
Document 8)
9) (Video) FRA participation in the 2020 AI Alliance Assembly in the panel
“Biometric identification: Why? Yes? No? How?” (
Document 9)
10) Emails between DG CNECT and ENISA from 20 and 21 September 2021,
Ares(2021)6269031 (
Document 10)
3.
ASSESSMENT UNDER REGULATION 1049/2001
Following an examination of the identified Documents under the provisions of
Regulation 1049/2001, we have arrived at the conclusion that Documents 5, 8 and 9 can
be fully disclosed. Documents 1-4, 6, 7 and 10 can be partially disclosed, as disclosure of
certain parts is prevented by exceptions to the right of access laid down in Article 4 of
Regulation 1049/2001.
A. Full disclosure
Having examined Documents 5, 8 and 9 under the provisions of Regulation 1049/2001,
we have come to the conclusion that full access can be given. Please find enclosed copies
of the requested Documents 5 and 8.
As regards Document 8, please be informed that DG CONNECT received this document
prior to its publication, as it served as input to the Commission’s work on the AI Act and
the Impact Assessment.
Please note that the Document 9 is a video which is publicly available online on the
following webpage:
2
https://digital-strategy.ec.europa.eu/en/events/second-european-ai-alliance-
assembly
B. Partial disclosure
(i) Protection of privacy and integrity of individuals
Full disclosure of Documents 1 to 4, 6, 7 and 10 is prevented by the exception
concerning the protection of privacy and integrity of the individual outlined in Article
4(1)(b) of Regulation 1049/2001, since they contain the following personal data:
Names, functions and contact details of Commission staff members, European
Union Agency for Cybersecurity (ENISA) staff members and European Union
Agency for Fundamental Rights (FRA) staff members not pertaining to the senior
management;
Names, functions and contact details of other natural persons;
Other information relating to an identified or identifiable natural person.
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 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.
As a result, the above-mentioned parts of Documents 1 to 4, 6, 7 and 10 have been
blanked out.
4.
REUSE OF DOCUMENTS
You may reuse public documents, which have been produced by the European
Commission or by public and private entities on its behalf based on the
Commission
Decision on the reuse of Commission documents. You may reuse the documents
disclosed free of charge and for non-commercial and commercial purposes provided that
the source is acknowledged and that you do not distort the original meaning or message
of the documents. Please note that the Commission does not assume liability stemming
from the reuse.
Please note that Documents 1, 2, 3, 4, 5, 6, 7 and 10 were drawn up for internal use under
the responsibility of the relevant services and agencies. They solely reflect the services’
and agencies’ interpretation of the interventions made and do not set out any official
position of the third parties to which the document refers. They do not reflect the position
of the Commission and cannot be quoted as such.
3
5.
POSSIBILITY OF A CONFIRMATORY APPLICATION
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application, requesting the Commission to reconsider 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 ‘Transparency, Document Management & Access to Documents’ (SG.C.1)
BERL 7/076
1049 Brussels
BELGIUM,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Electronically signed
Martin Schauer
Head of Unit (acting)
Enclosures:
(9)
4
Electronically signed on 21/10/2021 10:33 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline