Memorandum of Understanding between the EDPS and the ICO

Florian Allers made this acceso a documentos request to Supervisor Europeo de Protección de Datos

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

La solicitud fue exitosa.

Dear European Data Protection Supervisor,

For the last year, the UK government has been working on the Data Protection and Digital Information Bill, which, in line with an assessment conducted by independent academic and data protection experts, threatens the independence of the ICO - the UK’s data protection authority. It also includes several provisions that weaken the UK’s data protection system. There is silence from the ICO on these changes. However, the European Data Protection Supervisor is not silent regarding the above-mentioned threats to the UK’s data protection system and, on 8 November, signed a Memorandum of Understanding with the ICO. Signing the MoU at this moment seems to be controversial.

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 related to the work on the Memorandum of Understanding signed between the ICO and the EDPS on 8 November 2023 and available here: https://edps.europa.eu/data-protection/o...

Yours faithfully,
Florian Allers

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

3 Adjuntos

Dear requester,

We acknowledge receipt of your request, registered on 27.11.2023. 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 18.12.2023).

Your case number is 2023-1242.

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]

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

14 Adjuntos

Dear Mr Allers,

 

Please find attached a letter (+ annexes) to your attention electronically
signed by Luisa Palla on the above-mentioned subject.

 

Best regards,

 

  EDPS Secretariat
[1]cid:image001.png@01D4D8CD.D37C9700
[2]| Tel. (+32) 228 31900  |
Fax +32(0)22831950  | › Email
 [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]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 [8][EDPS request email]. You may also contact the data protection
officer of the EDPS ([9][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 [10][EDPS request email].
You can reach the EDPS in the following ways: e-mail:
[11][EDPS request email]; EDPS postal address: European Data Protection
Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.

 

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]

Dear European Data Protection Supervisor,

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 'Memorandum of Understanding between the EDPS and the ICO'.

A number of e-mails shared by the EDPS were redacted in a manner which makes them unreadable, in particular by removing letters "i" and "l" from the text. As documents are in .pdf format, this required active actions on the EDPS' side. Moreover, I received access only to e-mails, without attachments.

I therefore submit a confirmatory application in particular regarding document "2023 1242 009" which is a .pdf and from which EDPS removed letters "i" and "l". For this reasons I claim that I did not receive access to document "2023 1242 009" and that the EDPS did not grant me access to all relevant documents, in particular attachments to the e-mails.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/memo...

Yours faithfully,

Florian Allers

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

3 Adjuntos

Dear applicant,

We acknowledge receipt of your confirmatory application in case file
2023-1242. Your application was registered on 03.01.2024.

In accordance with Article 8(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 23.01.2024).

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
[1]cid:image001.png@01D4D8CD.D37C9700
[2]| Tel. (+32) 228 31900  |
Fax +32(0)22831950  | › Email
 [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]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 [8][EDPS request email]. You may also contact the data protection
officer of the EDPS ([9][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 [10][EDPS request email].
You can reach the EDPS in the following ways: e-mail:
[11][EDPS request email]; EDPS postal address: European Data Protection
Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

5 Adjuntos

Dear Mr Allers,

 

Please find attached a letter (+ annex) to your attention electronically
signed by Leonardo Cervera Navas on the above-mentioned subject.

 

Best regards,

 

 

  EDPS Secretariat
[1]cid:image001.png@01D4D8CD.D37C9700
[2]| Tel. (+32) 228 31900  |
Fax (+32) 228 31950  |
› Email: [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]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 [8][EDPS request email]. You may also contact the data protection
officer of the EDPS ([9][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
[10][EDPS request email]. You can reach the EDPS in the following ways:
e-mail: [11][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.

 

References

Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]