No sabemos si la última respuesta a esta solicitud contiene información o no – si eres Veronica Quaix por favor abre una sesión y háznoslo saber.

Dear European Ombudsman,

I am complaining about the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting to review the decisions of European Commission, refusing my access to mission expenses, in particular of Mr Ernesto Bianchi, Olaf Director acting as Deputy Director General,
European Commission decided without taking into account my confirmatory application and without proper consideration of all facts related with the mission that the Commission identified with the number DL-19-1770672
The Commission refused to apply its Guidance Note Ares(2019)4352523 with unclear reasoning
My request concerns the substance of the documents rather than the personal appearing therein. It is supported by my confirmatory application in the line with established practices
The mission DL-19-1770672 had public purpose and wide Internet coverage related with Hygiea Operation 13th ASEM Customs It was performed as the delegated competence of the Director General to sign the in public documents/ agreement about cooperation with third country
Mr Bianchi is acting as the Director General. He should be able to respond to the equivalent conditions of his activities and their transparent performance as in case of Director General , who would disclose mission costs
The mission DL-19-1770672 includes destination in Vietnam Ha Long Bay which is touristic, which does not correspond to any address of relevant authorities of Vietnam or any other third country competent for signatures of public documents
Did the mission consist in most part of private holidays that Mr Bianchi passed there for the time exceeding his work time? This shouldn't be any valid reason to refusal of all information about the costs which were covered by the Commission from public finance. Therefore, there is public interest to grant access to documents
My request is developed in the confirmatory application and the reply of European Commission does not take it into account in the circumstances mentioned in my request
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/miss...

Yours faithfully,

Veronica Quaix

MBX Euro-Ombudsman, Defensor del Pueblo Europeo

 

[1][IMG] European Ombudsman

Acknowledgement of receipt
Dear Madam,

Thank you for writing to the European Ombudsman. Your complaint has been
registered under the following complaint number:  202100221 

We will contact you again to let you know whether your complaint can be
taken forward and, if so, what the next steps will be. We would normally
expect to do this within the next four weeks.

The fact that you have made this complaint to the Ombudsman does not
affect the legal time limits in any related administrative or judicial
proceedings.

If you have any questions, please do not hesitate to contact our Office
using the contact details below.

Yours sincerely,
Complaints Handling Secretariat

T. + 33 (0)3 88 17 23 13
[European Ombudsman request email]

Information note on data processing and confidentiality

Data processing

Complaints to the Ombudsman and related correspondence often contain
personal data, such as names, contact details and other information
relating to identifiable individuals.

There are rights and obligations under European law (Regulation
2018/1725)[1] as to how personal data is handled by EU institutions,
including the European Ombudsman. These include an individual’s right to
obtain access to his or her own information held by this Office. To
exercise these rights or to find out more, please contact our
[2]Office or our [3]Data Protection Officer.

If a person considers that the Ombudsman has not handled his or her
personal data properly, he or she may contact the [4]European Data
Protection Supervisor.

Confidentiality of your complaint and information

Complainants are requested to identify clearly any document or
information that they consider to be confidential immediately on sending
it to the Ombudsman.

Confidentiality can only apply if there would be some adverse effect if
the information were to be disclosed. It might, for example, apply to
financial information, commercially sensitive information or personal
information about a private individual. Confidentiality cannot always be
guaranteed. In particular, if you submit to the Ombudsman documents that
contain the personal data of someone other than yourself, that person
will most likely be able to obtain it from the Ombudsman, exercising
their data protection rights. In any event, you should expect your
complaint and any supporting documents to be shared in full with the
institution or body you are complaining about, so that they can properly
understand it and respond to the Ombudsman.

[1] [5]Regulation (EC) No 2018/1725 of the European Parliament and of
the Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC. OJEU
L 295, 21 November 2018 p. 39.
 
[6]Data [7]Accessibility [8]Notice to
protection users
     
[9]Easy to read [10]Language policy [11]RSS

References

Visible links
1. http://www.eowebv5dv.ep.parl.union.eu/
2. http://www.ombudsman.europa.eu/shortcuts...
3. mailto:[email address]
4. http://www.edps.europa.eu/EDPSWEB/edps/s...
5. https://eur-lex.europa.eu/legal-content/...
6. Data protection
https://www.ombudsman.europa.eu/dataprot...
7. Accessibility
https://www.ombudsman.europa.eu/accessib...
8. Notice to users
https://www.ombudsman.europa.eu/notice
9. Easy to read
https://www.ombudsman.europa.eu/easy2read
10. Language policy
https://www.ombudsman.europa.eu/language...
11. RSS
https://www.ombudsman.europa.eu/rss

Euro-Ombudsman, Defensor del Pueblo Europeo

2 Adjuntos

Dear Ms Quaix,

 

Please find attached the Ombudsman's admissibility decision regarding your
complaint.

 

Best regards,

 

 

 

[1]cid:image001.gif@01D00286.F2575FB0 European Ombudsman
Secretariat
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[2][European Ombudsman request email]

 

T. +33 (0) 3 88 17 23 13

F. +33 (0) 3 88 17 90 62

 

[3]www.ombudsman.europa.eu

 

 

 

 

 

 

 

 

 

 

 

 

References

Visible links
2. mailto:[European Ombudsman request email]
3. http://www.ombudsman.europa.eu/

Dear Euro-Ombudsman,

The decision contests generally necessity and proportionality of data transmission The Commission disagrees with a specific purpose in the public interest for which the transfer of the data is the most appropriate. The Decision doesn't mention any alternatives like partial transfer of data . It is in contrast with previous practice where the transfer of data was considered as the most appropriate for Commissioners or for other directors with the same functions. The Code of Conduct is given as an example to limit data disclosure and to hide possible misconduct Such practice is not acceptable in case of destinations typical for tourism, not for professional duties, linked with private holidays. According to the decision individual assessment of the request for documents has been performed but it is not explained in what it consisted . The
Decision says generally that the Commission proactively publishes information about the mission expenses of the Commissioners without any attention to my request The decision doesn't not indicate facts, reasons for different treatment of Commissioners and of senior management. The decision avoids considering alternative means for each group or persons. Without any explanation of reasons, the Decision states that the arguments developed by Access Info Europe would not be necessarily of the same relevance as in case of a citizen. This is unacceptable discrimination without any grounds specific to law, actual situation, procedure or content of my request
Existence of audit and Control procedures or mission guide within the European Commission is mentioned generally as an excuse for refusal , to escape consideration of actual situation behind my request. It seems to be an excuse in order to escape consideration of particular cases or to escape explanations how it really works . Regarding transparency, with no attention is paid to the content of my request, the Decision indicates PMO as part of the Commission in this case is in and of itself a specific purpose in the public interest.
The decision generally mentioned a real and non-hypothetical risk that public disclosure would harm privacy and integrity, but it is not sufficiently justified in case of my request about individual whose activities were public already (nature and performance) as it was representation typical for the Director General himself or top management
Almost no consideration is given to partial access

Yours sincerely,

Veronica Quaix

Euro-Ombudsman, Defensor del Pueblo Europeo

3 Adjuntos

Dear Madam,

 

Please find attached the European Ombudsman's Office closing decision
regarding your complaint.

 

Best regards,

 

 

[1]cid:image001.gif@01D00286.F2575FB0 European Ombudsman
Secretariat
1 avenue du Président Robert Schuman
CS 30403
F - 67001 Strasbourg Cedex
[2][European Ombudsman request email]

 

T. +33 (0) 3 88 17 23 13

F. +33 (0) 3 88 17 90 62

 

[3]www.ombudsman.europa.eu

 

References

Visible links
2. mailto:[European Ombudsman request email]
3. http://www.ombudsman.europa.eu/

No sabemos si la última respuesta a esta solicitud contiene información o no – si eres Veronica Quaix por favor abre una sesión y háznoslo saber.