Ref. Ares(2022)6608030 - 26/09/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
Brussels
SG.D.1/AW
Nienke Palstra,
Global Witness,
Rue Belliard 53,
1000, Bruxelles,
Belgique
ask+request-11721-
xxxxxxxx@xxxxxxxx.xxx
Dear Madam,
Subject:
Your application for access to documents – GESTDEM 2022/4580
We refer to your email of 11.08.2022 in which you make a request for access to
documents, registered under the above-mentioned reference number on 12.8.2022.
You request access to:
“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-
05-18 between Věra Jourová and Microsoft Corporation”.
Your application concerns the following documents:
1. Ares(2022)6571906 Briefing - Microsoft - May 18 2022_Redacted;
2. Ares(2022)6036490 Note of Meeting VP Jourova_with Microsoft 22 18
05_Redacted;
3. Ares(2022)4473353 Letter Microsoft to VP Jourova 14 06 2022_Redacted;
4. Ares(2022)4562482 Letter VP Jourova to Microsoft 20 06 2022_Redacted
A complete disclosure of these documents is prevented by the exception concerning the
protection of privacy and the integrity of the individual outlined in Article 4(1)(b) of
Regulation (EC) No 1049/2001, because they contain the following personal data:
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of natural persons; and
- handwritten signatures/abbreviated signatures of natural persons.
Article 9(1)(b) of the Data Protection Regulation (Regulation 2018/1725) does not allow
the transmission of these personal data, except if you prove that it is necessary to have
the data transmitted to you for a specific purpose in the public interest and where there is
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
no reason to assume that the legitimate interests of the data subject might be prejudiced.
In your request, you do neither express any particular interest to have access to these
personal data, nor put forward 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) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, 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.
Furthermore, some sections of document No. 1 above have been redacted as they contain
information affecting the commercial interests of a natural or legal person, including
future planning. Therefore the exception laid down in Article 4(2) first indent of
Regulation (EC) No 1049/2001 applies to those redactions.
Some elements of document No. 1, relating to the ongoing negotiations on the new
Privacy Shield and in the Trade and Technology Council, have also been redacted in
accordance with the exception in Article 4(1)(a) third indent of Regulation (EC) No
1049/2001, because their disclosure would undermine the protection of the public interest
as regards international relations.
Some of the redactions relate to the activities of journalists. Since the disclosure of these
parts could undermine their security, these redactions are based on Article 4(1)(a) (first
indent) of Regulation (EC) No 1049/2001.
In addition, it should be noted that document No. 1 is an internal, informal document
prepared by the relevant Commission services for the purposes of the meeting only, does
not necessarily reflect the formal position of the Commission and cannot be quoted as
such.
Please also note that notes of meetings are drawn up for internal use under the
responsibility of the relevant services of the European Commission. They solely reflect
the author's interpretation of the interventions made and do not set out any official
position of the third parties to which the document refers. They do not reflect the position
of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
2
Elisa Roller
Click or ta Dire
p he ctor
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to enter text.
Enclosure:
disclosed document
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Electronically signed on 26/09/2022 10:48 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121