Guidance on Article 9 Regulation 2018/1725
Dear European Data Protection Supervisor,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
any guidance provided to EU institutions, bodies, agencies, on how to balance the fundamental right of access to documents with the fundamental right to personal data protection. Specifically on the application of Art. 9 para. 1b Regulation 2018/1725
Yours faithfully,
Rachel Hanna
Dear European Data Protection Supervisor,
My postal address is:
Calle Vinaroz
[ADDRESS]
[ADDRESS]
Spain
Please do not send a hard copy response - an electronic reply will suffice.
Yours faithfully,
Rachel Hanna
Dear requester,
We acknowledge receipt of your request, registered on 21.11.2023. In
accordance with Article 7(1) of Regulation (EU) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 12.12.2023).
Your case number is 2023-1225.
Please note that your personal data will only be processed for the
purposes of replying to your request and in accordance with the privacy
statement set out below. More information on how the EDPS process personal
information can be found on our [1]website.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. The European Data Protection Supervisor is not
accountable for any technical issues or problems linked to the use of this
system.
Yours sincerely,
EDPS Secretariat
[2]cid:image001.png@01D4D8CD.D37C9700
[3]| Tel. (+32) 228 31900 |
Fax +32(0)22831950 | › Email
[4][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[5]Twitter [6]@EU_EDPS
[7]Website [8]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.
Data Protection Notice
According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation), we are processing your personal data in order to reply to
your request. The controller is the European Data Protection Supervisor
(EDPS). The legal basis for this processing operation is Article 5(1)(b)
of the Regulation, since processing is necessary for compliance with a
legal obligation to which the EDPS is subject. The data processed include
your contact details, your request, as well as personal data that might be
collected during the investigation of your request. For the EDPS, case
handlers, administrative staff and hierarchy involved in the request
handling will have access to the case file containing your personal data
on a need-to-know basis. All access to case files is logged. Your data
will only be transferred to other EU institutions and bodies or to third
parties when it is necessary to ensure the appropriate investigation or
follow up of your request. Your data will be stored by the EDPS in
electronic files until the end of the reporting period of the current year
(as a rule, until mid-next year), unless legal proceedings require us to
keep them for a longer period. Afterwards, only a brief anonymous note
will be included in a file in order to keep record of the request.
You have the right of access to your personal data and to relevant
information concerning how we use it. You have the right to rectify your
personal data. Under certain conditions, you have the right to ask that we
delete your personal data or restrict its use. We will consider your
request, take a decision and communicate it to you. For more information,
please see Articles 14 to 21, 23 and 24 of the Regulation. Please note
that in some cases restrictions under Article 25 of the Regulation may
apply. Any request to exercise your rights should be addressed to the EDPS
at [9][EDPS request email]. You may also contact the data protection
officer of the EDPS ([10][email address]), if you have any remarks or
complaints regarding the way we process your personal data. You have the
right to lodge a complaint with the EDPS, as supervisory authority. Any
such request should be addressed to the EDPS at [11][EDPS request email].
You can reach the EDPS in the following ways: e-mail:
[12][EDPS request email]; EDPS postal address: European Data Protection
Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.
References
Visible links
1. https://edps.europa.eu/about-edps/data-p...
3. file:///tmp/tel:+3222831900
4. mailto:[EDPS request email]
6. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
8. http://www.edps.europa.eu/
http://www.edps.europa.eu/
9. mailto:[EDPS request email]
10. mailto:[email address]
11. mailto:[EDPS request email]
12. mailto:[EDPS request email]
Dear Ms Hanna,
On 21.11.2023, you sent an access to documents request to the European
Data Protection Supervisor (“EDPS”) based on Regulation (EC) No 1049/2001.
On the next day, we sent you an acknowledgement of receipt for your
request also mentioning the deadline in accordance with Article 7(1) of
Regulation (EC) 1049/2001.
Your request for access to documents concerns “any guidance provided to EU
institutions, bodies, agencies, on how to balance the fundamental right of
access to documents with the fundamental right to personal data
protection. Specifically on the application of Art. 9 para. 1b Regulation
2018/1725.”
The EDPS has identified two document falling within the scope of your
request. The documents are already public and can be found at
[1]https://edps.europa.eu/sites/edp/files/p...
and
[2]https://edps.europa.eu/sites/default/fil....
Yours sincerely,
EDPS Secretariat
[3]cid:image001.png@01D4D8CD.D37C9700
[4]| Tel. (+32) 228 31900 |
Fax +32(0)22831950 | › Email
[5][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[6]Twitter [7]@EU_EDPS
[8]Website [9]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.
Data Protection Notice
According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation), we are processing your personal data in order to reply to
your request. The controller is the European Data Protection Supervisor
(EDPS). The legal basis for this processing operation is Article 5(1)(b)
of the Regulation, since processing is necessary for compliance with a
legal obligation to which the EDPS is subject. The data processed include
your contact details, your request, as well as personal data that might be
collected during the investigation of your request. For the EDPS, case
handlers, administrative staff and hierarchy involved in the request
handling will have access to the case file containing your personal data
on a need-to-know basis. All access to case files is logged. Your data
will only be transferred to other EU institutions and bodies or to third
parties when it is necessary to ensure the appropriate investigation or
follow up of your request. Your data will be stored by the EDPS in
electronic files until the end of the reporting period of the current year
(as a rule, until mid-next year), unless legal proceedings require us to
keep them for a longer period. Afterwards, only a brief anonymous note
will be included in a file in order to keep record of the request.
You have the right of access to your personal data and to relevant
information concerning how we use it. You have the right to rectify your
personal data. Under certain conditions, you have the right to ask that we
delete your personal data or restrict its use. We will consider your
request, take a decision and communicate it to you. For more information,
please see Articles 14 to 21, 23 and 24 of the Regulation. Please note
that in some cases restrictions under Article 25 of the Regulation may
apply. Any request to exercise your rights should be addressed to the EDPS
at [10][EDPS request email]. You may also contact the data protection
officer of the EDPS ([11][email address]), if you have any remarks
or complaints regarding the way we process your personal data. You have
the right to lodge a complaint with the EDPS, as supervisory authority.
Any such request should be addressed to the EDPS at
[12][EDPS request email]. You can reach the EDPS in the following ways:
e-mail: [13][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.
References
Visible links
1. https://edps.europa.eu/sites/edp/files/p...
2. https://edps.europa.eu/sites/default/fil...
4. file:///tmp/tel:+3222831900
5. mailto:[EDPS request email]
7. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
9. http://www.edps.europa.eu/
http://www.edps.europa.eu/
10. mailto:[EDPS request email]
11. mailto:[email address]
12. mailto:[EDPS request email]
13. mailto:[EDPS request email]