Ref. Ares(2022)8405573 - 05/12/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
Brussels
SG.D.1/AW
Tomas Rudl
netzpolitik.org e.V.
Schönhauser Allee 6-7
10119 Berlin
Germany
ask+request-12022-
xxxxxxxx@xxxxxxxx.xxx
Dear Sir,
Subject:
Your application for access to documents –2022/5948
I refer to your email of 18/10/2022 in which you made a request for access to documents,
registered on 19/10/2022 under the case number 2022/5948. Your request was passed to
the Secretariat General for handling, in view of its subject matter.
In your request you ask for access to ‘All documentation (including but not limited to all
email correspondence, attendance lists, agendas, background papers, transcripts,
recordings and minutes/notes) relating to the meeting between Bouygues Europe and
Penelope Papandropoulos, Werner Stengg, Kim Jorgensen on 10.06.2022.’.
Your application concerns the following documents:
1. Email exchange - Meeting proposal with Bouygues Telecom, Ares(2022)3493714_
Redacted;
2. Ares(2022)4509254 Briefing document, comprising:
2.1 Meeting Bouyges Telecom - Table of contents_Redacted;
2.2 Ares(2022)4509254 Meeting Bouyges Telecom - Steering brief_Redacted;
2.3 Ares(2022)4509254 Meeting Bouyges Telecom - Memory jogger - Data
Act_Redacted;
2.4 Ares(2022)4509254 Meeting Bouyges Telecom - Data Act_Redacted;
2.5 Ares(2022)4509254 Meeting Bouyges Telecom - Data act and digital
policies_Redacted;
3. Ares(2022)4354387_Note of Conference Call between Kim Jorgensen and Federation
francaise des telecoms 10 June 22_Redacted
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
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;
or other information relating to an identified or identifiable natural person.
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
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, in the case of document No. 2.2 above, part of the document has been
blanked out as its disclosure is prevented by the exception to the right of access laid
down in Article 4(3) of Regulation (EC) No 1049/2001, as it was drawn up for internal
use, relates to a matter where a decision has not been taken by the Commission, and its
disclosure would seriously undermine the institution's decision-making process. The
exception laid down in Article 4(3) of Regulation (EC) No 1049/2001 applies unless
there is an overriding public interest in disclosure of that part of the document. Having
considered the matter, I have concluded that there is no such overriding public interest.
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. Please also note that briefing
documents are prepared for internal use, do not necessarily 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 to the Secretariat-General of the
Commission within 15 working days upon receipt of this letter. You can submit it in one of
the following ways:
by asking for a review via your portal1 account (available only for initial requests
submitted via the portal account),
or by mail:
1
https://www.ec.europa.eu/transparency/documents-request
2
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Click or tap here to enter text.
Elisa Roller
Director
Enclosure:
disclosed documents
3
Electronically signed on 05/12/2022 10:32 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121