ECB-UNRESTRICTED
DIRECTORATE GENERAL SECRETARIAT
Alexander Fanta
Schönhauser Allee 6-7
10119 Berlin
Germany
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
netzpolitik.org
24 May 2022
Reference: LS/PS/2022/27
Request for public access to ECB documents on record creation and keeping
Dear Mr Fanta,
On 25 April 2022 the European Central Bank (ECB) received your application for public access to the following
documents:
-
“Memos, guidance, guidelines, or training material (or any other document) for staff on record creation
and/or record keeping. I am particularly interested in documents that refer to creation/keeping of text
messages.’
-
“Memos, guidance, guidelines, or training material (or any other document) for staff on the processing of
access to information requests.’’
Identification of the requested documents
After having carefully examined your request in accordance with Decision ECB/2004/3, we have identified
specific excerpts from three ECB documents, namely:
1. Excerpts from the ECB internal rules on the management of ECB information and ECB communication;
2. Excerpts from presentation to newcomers on record management; and
3. Excerpts from guidance given to ECB staff on ECB communication.
With regard to the part of your request referring to
“documents that refer to creation/keeping of text messages’
we would like to note that no documents were identified. Notwithstanding this, we are glad to provide you with
information on the ECB’s current approach on this matter (see final remarks).
Address
Postal address
European Central Bank
European Central Bank
Tel.: +49 69 1344 0
Sonnemannstrasse 20
60640 Frankfurt am Main
E-mail: xxxx@xxx.xxxxxx.xx
60314 Frankfurt am Main
Germany
www.ecb.europa.eu
Germany
ECB-UNRESTRICTED
Assessment of the requested documents for disclosure
Following a thorough assessment in accordance with the requirements set out in Decision ECB/2004/3, the ECB
considers that full access to the identified excerpts can be granted since none of the exceptions listed in Article 4
of that Decision apply. The requested excerpts are made available via the ECB’s Public Register of Documents1.
Final remarks
It is noted that, the ECB has adopted specific rules and processes for the management of ECB documents and
information which are defined as any content - whatever its medium - created or received, related to the ECB’s
policies, tasks, activities, or decisions2.
The rules for sharing, keeping or destroying, and storing of ECB documents and information are set out in the
ECB’s internal rules on the management of ECB information, and provide, inter alia, that
“as soon as [ECB staff
members] create or receive ECB information, [they] have a responsibility to use and treat that information in
accordance with the ECB’s rules and procedures” and “
in order to document the decisions it takes, the ECB
should keep valuable ECB information that it created or received (records); however, not all ECB information
needs to be preserved. Information saved in DARWIN3 is retained or destroyed in an automated manner.”
ECB information to be stored includes (i) evidence of business activities, decisions, transactions; (ii) information
with future value, e.g. business, financial, legal, research; and (iii) formal communication (between staff and
external parties). Conversely, information should not be kept when (i) of short-term value; (ii) not required in the
future; consists of (iii) duplicates or copies; or (iv) drafts superseded by a final version.
Until recently, the ECB did not consider the use of text and instant messages for business purpose, namely, for
any activities that (directly or indirectly) enable the ECB to perform its tasks as provided for in the Union Treaties,
the Statute of the ESCB and the SSM Regulation. However, in the course of 2020, while the majority of ECB
staff was working remotely, the ECB authorised limited use of specified instant messaging tools to facilitate
communication and collaboration within the bank. These instant messaging tools are supported by defined rules
governing the creation, access and use of the platforms. During the pandemic, staff was also permitted to use
text messaging in exceptional circumstances.
Text and instant messages have to be used only for exchange of short-lived transitory information4.
Consequently, and also following data protection recommendations, a short (one year) retention period is either
1 See the
ECB’s Public Register of Documents: Documents released under public access regime
“Communications and
information management.”
2
Decision ECB/2004/3 on public access to ECB documents defines ECB document as "
any content whatever its medium (written
on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn up or held by the ECB and relating
to its policies, activities or decisions, as well as documents originating from the European Monetary Institute (EMI) and from the
Committee of Governors of the central banks of the Member States of the European Economic Community (Committee of
Governors)“. The ECB’s Business Rulebook defines ECB information as “
Any content created or received related to the policies,
tasks, activities or decisions of the ECB (including the tasks performed in accordance with the Union Treaties, the Statute of the
ESCB and the SSM Regulation)”.
3 DARWIN is the ECB’s electronic tool for the management of documents and records, see also respective record of processing
activity:
https://www.ecb.europa.eu/ecb/access_to_documents/data_protection/shared/pdf/ecb.dpr.dgse_management_DARWIN_user
_data20200224.en.pdf
4 Short-lived transitory information includes transitory or short-term documents or emails including 'personal' notes of meetings
or conferences, appointment diaries, calendars, and facilitative or personal messages. Activity feeds, social connections, posts
and instant messaging, notifications created via ECB collaboration tools/features (ephemeral messaging)
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ECB-UNRESTRICTED
automatically implemented for authorised instant messaging tools or staff is requested to delete messages as
soon as possible. In any case, all information related to ECB tasks, activities and decisions continues to be
exchanged via official ECB email messages and duly recorded in the ECB’s record management system.
The ECB is currently reviewing its internal rules on the management of ECB information. The review will also
look to ensure the ECB policy regarding the use of text messaging tools for communication of short-lived and
transitory information is supported through defined processes, procedures and technology. In this regard the
ECB will also consider – once available – the “good practices” the European Ombudsman intends to identify5
on how the EU administration should keep records of work-related text and instant messages.
Last but not least, with regard to the excerpts disclosed, please note that, in line with Article 10 of Decision
ECB/2004/3, “
Documents released in accordance with this Decision shall not be reproduced or exploited for
commercial purposes without the ECB’s prior specific authorisation. The ECB may withhold such authorisation
without stating reasons”.
Yours sincerely
[signed]
[signed]
Petra Senkovic Roman Schremser
Director General Secretariat Chief Compliance and Governance Officer
5 Relevant inquiry available in the following link:
https://www.ombudsman.europa.eu/en/news-document/en/143830
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