Interoperability of contact tracing apps

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Dear Commission,

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:

- All documents (including memos, minutes, e-mail, contracts, etc.) related to the agreement between the Commission, SAP and T-Systems on 31 July, 2020 on the development and deployment of a software platform for the cross-border exchange of coronavirus warnings (interoperability gateway for contact tracing apps)

- All internal documents of the Commission (e.g. working group meeting minutes, memos, e-mails, etc.) and exchanges with member states and external stakeholders (i.e. Google, Apple, etc.) on the interoperability of contact tracing apps

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles
Belgique

Salud y Seguridad Alimentaria

Dear Sir,

 

Thank you for your e-mail of 2 September 2020. We hereby acknowledge
receipt of your application for access to documents, which was registered
on the same date under reference number GESTDEM 2020/5185.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 23
September 2020. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

 

Please note that the private third party running the Ask the EU website is
responsible and accountable for the processing of your personal data via
that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Yours faithfully,

Access to Documents Team

References

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1. https://ec.europa.eu/info/principles-and...

Salud y Seguridad Alimentaria

1 Adjuntos

Dear Mr Fanta,

We refer to your e-mail dated 2 September 2020 in which you make a request
for access to documents, registered on the same date under the above
mentioned reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 23 September 2020.

An extended time limit is needed as, in order to retrieve the documents
requested, large files have to be examined and part of the documents
requested originate from third parties, which have to be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 14 October 2020.

We apologise for this delay and for any inconvenience this may cause,

Kind regards,

SANTE ACCESS TO DOCUMENTS

[1]cid:image001.gif@01D3FF48.374A49E0
European Commission
Health and Food Safety

References

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ve_sante.b.3(SANTE), Salud y Seguridad Alimentaria

1 Adjuntos

Dear Mr. Fanta,

Please find attached a letter for a fair solution proposal regarding your access to documents request regarding the interoperability of the contact
tracing apps.

I look forward to hearing from you.

Kind regards
Ioana GLIGOR

Head of Unit
SANTE.B3- European Reference Networks and digital health

ve_sante.b.3(SANTE), Salud y Seguridad Alimentaria

15 Adjuntos

Please find attached document Ares(2020)5750539 from GALLINA Sandra (SANTE) dated 22/10/2020.

Veuillez trouver ci-joint le document Ares(2020)5750539 de GALLINA Sandra (SANTE) daté du 22/10/2020.

Dear Health and Food Safety,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Interoperability of contact tracing apps'.

In your response to my request, you granted me partial access to 12 documents and outright refused access to 30 documents. You argued different reasons, so I will make clear to which ones I object and why.

In certain documents, you redacted personal information of officials under Article 4(1)(b). That is fine by me.

In several cases of partial access and outright refusal, you withheld information under Article 4(2) of Regulation 1049/2001, citing the protection of commercial interests. On those released partially, you argue they "contain information whose disclosure may undermine the commercial interest of a legal person, and they may include industrial information and information covered by intellectual property." On the documents not disclosed at all, you state that disclosure "may undermine the commercial interest of a legal person, and they may include industrial information and information covered by intellectual property" or that a "third party has objected to the disclosure of these documents".

I would like to point out that I made my request in my role as journalist covering the EU institutions and the interoperability gateway for contact tracing apps in particular. The subject for interoperability of contact tracing apps has been subject to considerable public interest in various European countries and, generally speaking, there clearly is strong public interest in media scrutiny on the subject matter. Further, the Commission has insisted that purchases made amid the Corona pandemic would be open to equal scrutiny as other public purchases by the EU.

First, I would like to point out that any potential business partner has certainly heard of Regulation 1049/2001 and is aware of the legal obligation of the Commission to share information on public purchases. This obligation was created in the first place precisely so that the public can make sure that, as the Commission states, public money is spent in accordance with the principle of sound financial management. Therefore crucial information which I believe to be contained in the documents outlining the rationale for the choice of operator and decisions taken throughout the development must be opened for outside scrutiny.

Second, I would like to point out that with regard to commercial interests, the European Ombudsman has found that such requests for information pose the following problems: not all information about a company is commercially sensitive, so a test should be performed each time to conclude whether the exception applies in this case. Even in a few cases where such tests where made, the Ombudsman has found insufficient grounds for refusal, such as Ombudsman cases 676/2008/RT 07 July 2010 and Case: 181/2013/AN 16 February 2015. I would like the Commission to respond in particular to this point and point out why exactly documents such as "Rationale for the choice of the solution provider for the European Federation Gateway Service (EFGS)" contain commercially sensitive information that can not be released to the public.

You also refused access to or heavily redacted documents referring to Article 4(3) of the Regulation, stating that the documents containing opinions for internal use as part of ongoing deliberations and preliminary consultations within the institution concerned. You state that the redacted documents contain sensitive information relating to the procurement process "including negotiation strategies and specific business and commercial considerations" that would undermine the EU's decision-making capabilities if published. Redactions encompass pretty much everything out of all minutes of meetings.

For one, I find that the Commission has offered insufficient reasoning for a complete refusal of disclosure for entire documents as well as redactions so severe that barely any information in meeting minutes survives. I would like to recall the ECJ's reasoning in the De Capitani ruling (Case T‑540/15), where the court stated that the EU institution in question must "explain how access to that document could specifically and actually undermine the interest protected by the exception". I feel that this has not been sufficiently done in the present case.

Also, I would like to point out that the procurement process has been over at least since the European Federation Gateway Service went operational in mid-October. Funds have been allocated and the technical infrastructure in question is now in use. The European Ombudsman has recommended proactive disclosure of documents once the procurement process is over, for instance in the decision on complaint 2186/2012/FOR against the European Chemicals Agency. I would ask the Commission to take notice and unseal and un-redact the relevant documents.

Finally, your reply states you could not identify an overriding public interest in the disclosure. I believe that even and especially in a global pandemic key decisions taken by public institutions such as the one on how to make virus tracing apps interoperable should be open to public scrutiny, this includes the European Commission. The European Federation Gateway Service took considerably longer to become operational than initially announced and I think it is becoming for the EC to be transparent about the process in the run-up to the completion of the project. Also, in cases like this where public money is spent it is key to understand not just how much money it was, but also why and how.

Yours faithfully,

Alexander Fanta

ve_sg.accessdoc (SG), Salud y Seguridad Alimentaria

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2020)6290488 - Internal review of access to documents request -
Interoperability of contact tracing apps

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your email dated 02/11/2020 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
SANTE in reply to your initial application GESTDEM 2020/5185.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 03/11/2020 (Ares(2020)6280459).

Your application will be handled within 15 working days (24/11/2020). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Access to documents team (RC)

 

mostrar partes citadas

ve_sg.accessdoc (SG), Salud y Seguridad Alimentaria

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2020)6290477 - Internal review of access to documents request -
Interoperability of contact tracing apps

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your email dated 02/11/2020 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
SANTE in reply to your initial application GESTDEM 2020/5185.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 03/11/2020 (Ares(2020)6280459).

Your application will be handled within 15 working days (24/11/2020). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Access to documents team (RC)

 

mostrar partes citadas

ve_sg.accessdoc (SG), Salud y Seguridad Alimentaria

1 Adjuntos

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Ares(2020)7652991 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2020/5185

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fanta,

 

I refer to your email of 2 November 2020, registered on 3 November 2020,
by which you submit a confirmatory application in accordance with Article
8(1) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference numbers GESTDEM 2020/5185.

 

We also refer to our holding reply of 24 November 2020, by which the time
limit for replying to your application was extended by 15 working days.
This extended time limit expired on 15 December 2020.

 

We regret to have to inform you that we will not be able to respond within
the extended time-limit. The consultations with the Directorates-General
concerned are still ongoing and therefore we are missing the important
elements needed to carry out a full analysis of your request and to take a
final decision.

 

However, we can assure you that we are doing our utmost to provide you
with a final reply as soon as possible. We regret this additional delay
and sincerely apologise for any inconvenience this may cause.

 

Yours faithfully,

 

María OLIVÁN AVILÉS
Head of Unit

European Commission

Secretariat General

SG.C.1 (Transparency, Document Management and Access to Documents)

 

References

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2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...