Presentations and meetings of the EDPS with DG INFSO & DG CNET officials, FP6 & FP7 Porgrammes

Supervisor Europeo de Protección de Datos no tenía la información solicitada.

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:

I. APPLICATION

The requested documents concern any meetings or presentations given by officials of the former DG INFSO S.5 Unit ‘External Audit’, the former DG INFSO S.4 Unit ‘Legal Aspects’, and the CNET R.4 Unit ‘Compliance’ since 1/1/2008.

Copies of the following documents held by the EDPS are kindly requested:

1. The documents, if any, with which the EDPS or the officials invited or arranged to meet with each other, or to make presentations, as the case may be, regardless of the meeting venue, which may be the EDPS offices, the Commission offices, or other venues (e.g. a bilateral meeting in the fringes of a conference).

2. The documents with which the EDPS and the Commission officials agreed the dates of the presentations and the meetings. By definition, such documents predate the respective presentation and the meeting. There may be emails, note to the file and so on.

3. Any follow-up documents about the presentations and the meetings. For instance, such documents may be emails with which the officials dispatched to the EDPS copies of their presentations.

4. The presentations(s), if any, the officials may have made in their meetings with the EDPS, either at the EDPS offices or at the Commissions, or in other venues.

II. TRANSFER OF PERSONAL DATA

The documents applied for contain will certainly contain the personal data of the EDPS’ and the Commission’s officials, for which article 8(2) of Regulation No 45/2001 may applicable, as well as article 4(1)(b) of Regulation 1049/2001.

Regarding the personal data of the EDPS officials, I am not requesting the transfer of their personal data. Therefore, in my view the EDPS should redact what is strictly necessary in order not to disclose the identity of the EDPS’ official(s). The EDPS Unit(s) to which the official(s) belong need not necessarily be expunged.

Regarding the personal data of the Commission’s officials, I am not, in general, requesting the transfer of their personal data. Therefore, in my view the EDPS should redact what is strictly necessary in order not to disclose the identity of those officials. In all cases, the Units to which the Commission officials belonged should not be redacted.

III. OVERRIDING PUBLIC INTEREST FOR PRESENTATIONS CONCERNING THE FP6 & FP7 PROGRAMMES

In the last few weeks, tens of requests have been lodged with the European Commission via asktheeu.org pursuant to Regulation No 1049/2001 about the FP6 & FP7 programmes, with particular emphasis on the fundamental right of the personal data protection.

It has already emerged that the prior notifications DG ENTR DPO-3334.1, DG INFSO DPO-3338.1, DG RTD DPO-3398 (summer of 2012), and DG MOVE-ENER DPO-3420.1 contain two false declarations, namely the statements ‘This processing has been submitted to the EDPS who concluded that Article 27 is not applicable’ and ‘3. Sub-Contractors —’. As another applicant stated, http://www.asktheeu.org/en/request/funda..., “When a public administration is prepared to risk criminal liabilities for the few officials who are personally liable for the factual accuracy of statutory
instruments, it will not hesitate for a second to disregard a provision like article 28(2) of Regulation No 45/2001”.

Consequently, every single presentation made (and meetings held with the EDPS) by the aforesaid officials is to be scrutinised by the public in order to see whether these Units have attempted to mislead the EDPS about the DG INFSO-DG CNET external financial audits. To this end, the organisation of the presentations and meetings is essential in order to establish how many presentations or meetings those officials have had with the EDPS.

The overriding public interest argument is based on the premise that when an administrative Unit of an Institution has been prepared to act like an outlaw for many years (this most definitely the case for the S.5 Unit), then anything that the Unit may have attempted to do involving interactions with third-parties like the EDPS must be scrutinised, either to unearth further wrongful acts of the Unit, or check whether that Unit has infringed the fundamental rights of natural and legal persons enshrined in Union and national law.

Yours faithfully,

Zois Zervos

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

4 Adjuntos

Dear Mr Zervos,

 

We acknowledge receipt of your request which was registered on 16 July
2013.

 

In accordance with Article 7(1) of Regulation (EC) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 05/08/2013).

 

Your case has been registered with case number 2013-0859.

 

Sincerely,

 

 

 [1]https://secure.edps.europa.eu/EDPSWEB/we... EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

 

[2]https://secure.edps.europa.eu/EDPSWEB/we... request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels

[4]https://secure.edps.europa.eu/EDPSWEB/we...   [6]https://secure.edps.europa.eu/EDPSWEB/we...

 

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.

 

 

References

Visible links
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/

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

5 Adjuntos

Dear Mr Zervos,

 

Please find attached a reply to your request for access to documents.

 

Sincerely,

 

 

 

 [1]http://www.edps.europa.eu/EDPSWEB/webdav... EDPS Secretariat 

Tel. +32 2 283 19 00 | Fax +32 2 283 19 50

 

[2]Email [3][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 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.

 

References

Visible links
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/