Ref. Ares(2022)4911106 - 05/07/2022
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
Resources and Support Compliance and Planning
Brussels, 5th July 2022
Ms Nienke Palstra
Rue Belliard 53
Belgium Via email
Registered letter with acknowledgement of receipt
Your application for access to documents - RefGestDem 2022/3023
Dear Ms Palstra,
We refer to your email of 24 May 2022 wherein you make a request for access to
documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament, Council
and Commission documents (hereinafter ‘Regulation 1049/2001’), which was registered
on 25 May 2022 under the abovementioned reference number. We also refer to our
email, dated 20 June 2022 (our reference Ares(2022)4530067) whereby we informed you
that the time limit for handling your applications was extended by 15 working days
pursuant to Article 7(3) of Regulation 1049/2001.
SCOPE OF YOUR APPLICATION
Your request reads as follows:
“Dear Sir or Madam,
Referring to Regulation (EC) No 1049/2001 on public access to EU documents and to the
'Aarhus Convention' I would herewith like to ask for access to the following:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
All documents—including but not limited to correspondence, emails, minutes, notes
(hand written or electronic), audio or video recordings, verbatim reports, operational
conclusions, lines to take, briefings, and presentations—related to the meeting on 2022-
04-27 between Filomena Chirico and Google.
In consideration of the environment and the current circumstances with the COVID
pandemic I would prefer to receive documents electronically.
I would like to make clear I prefer you produce the documents on a rolling basis. At no
point should the Commission's search for—or deliberations concerning—certain
documents delay the production of others that the Commission has already retrieved and
elected to produce.
Should my request be denied wholly or partially, please explain the denial or all
deletions referring to specific exemptions in the regulation. Also I would expect the
partial release of documents in case of partial exemption according to article 4.6. I
reserve the right to appeal.
Please confirm having received this application. I look forward to your reply within 15
business days, according to the regulation.
If anything is unclear or would benefit from further discussion please do not hesitate to
contact me by email. My address for any written correspondence necessary is Nienke
Palstra, Global Witness, Rue Belliard 53, 1000, Bruxelles, Belgique.
Thank you for your assistance.”
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST
The following document has been identified as falling within the scope of your request:
Minutes - Meeting with Google - 27/04/2022, CAB Breton, 03-05-2022,
ARES(2022)3412044 (Document 1
ASSESSMENT UNDER REGULATION 1049/2001
Following an examination of the identified document under the provisions of Regulation
1049/2001, we have arrived at the conclusion that partial access can be granted to the
document identified. Full disclosure is prevented by the exception concerning the
protection of privacy and integrity of the individual outlined in Article 4(1)(b) Regulation
1049/2001, since the document contains the following personal data:
the names and contact information of Commission staff members not pertaining to
the senior management;
the names and functions of other natural persons.
Article 9(1)(b) of the Data Protection Regulation1 does not allow the transmission of
these personal data, except if you prove that it is necessary to have the data transmitted to
1 Regulation (EU) 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,
you for a specific purpose in the public interest and where there is no reason to assume
that the legitimate interests of the data subject might be prejudiced. In your request, you
do not express any particular interest to have access to these personal data nor do you put
forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) Regulation 1049/2001, access
cannot be granted to the personal data contained in the Document 1, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is
no reason to think that the legitimate interests of the individuals concerned would not be
prejudiced by disclosure of the personal data concerned.
REUSE OF DOCUMENTS
You may reuse public documents which have been produced by the European Commission
or by public and private entities on its behalf based on the Commission Decision on the
reuse of Commission documents.
You may reuse the document disclosed free of charge and
for non-commercial and commercial purposes provided that the source is acknowledged and
that you do not distort the original meaning or message of the documents. Please note that
the Commission does not assume liability stemming from the reuse.
The requested document was drawn up for internal use under the responsibility of the
relevant service of DG CONNECT. It solely reflects the service’s interpretation of the
interventions made and does not set out any official position of the third parties to which
the document refers, which were not consulted on its content. It does not reflect the
position of the Commission and cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to
make a confirmatory application requesting the Commission to review this position. Such
a confirmatory application should be addressed within 15 working days upon receipt of
this letter to the Secretariat-General of the Commission at the following address:
Transparency, Document Management & Access to Documents (SG.C.1)
or by email to: email@example.com
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, OJ L 295, 21.11.2018, p. 39.
Head of Unit
Electronically signed on 05/07/2022 15:33 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121