Ref. Ares(2016)5750696 - 04/10/2016
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR EDUCATION AND CULTURE
Resources and Planning
The Director
Brussels
EAC.R.1/APG
By registered letter with
acknowledgment of receipt Wiesje VAN NUNEN
Access Info Europe
Cava de San Miguel 8, 4C
28005 Madrid
Advanced copy by email: ask+request-
xxxxxxxxxxxxx@xxxxxxxx.xxx
Dear Ms Van Nunen,
Subject:
Reply to your application for access to documents. GestDem
2016/4896. DG EAC memos, guidance and guidelines on the creation
and keeping of meeting records and on the processing of access to
information requests
We refer to your e-mail dated 02/09/2016 in which you make a request for access to
documents, registered on 02/09/2016 under the above mentioned reference number.
You request access to:
(1)
Memos, guidance, guidelines, or training material (or any other document) for
DG staff on record creation and/or record keeping; particularly, documents that
refer to creation/keeping of agendas (diaries of public officials´ engagements),
lists of meetings, minutes of meetings, lists of participants in meetings, and
documents justifying decisions.
(2)
Memos, guidance, guidelines, or training material (or any other document) for
DG staff on the processing of access to information requests.
Regarding part (1), DG EAC has identified the following documents as falling under
the scope of your request:
1.1.
List of documents of the DG EAC to be registered (Ares(2013)2760789 –
26/07/2013)
1.2.
Administrative arrangements for the organisation of the Directors Steering
Committee (DSC) (Ares(2014)2964658 – 10/09/2014)
1.3.
IT Governance for DG EAC (Ares(2016)2031277 – 28/04/2016)
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
http://ec.europa.eu/dgs/education_culture
Regarding part (2), a distinction needs to be made between requests for access to
documents and requests for access to information. These two categories of requests are
regulated by separate legal frameworks. Requests for access to documents are regulated
by Regulation 1049/2001, while the Code of Good Administrative Behaviour1 applies to
request for access to information.
In DG EAC, there are no documents addressed to staff concerning the processing of
requests for information, other than the above-mentioned Code. Nevertheless, a
document concerning the treatment of requests for access to documents, in which access
to information is mentioned, has been found and can be considered as falling under the
scope of your request:
2.1.
Procédures de traitement des demandes d'accès aux documents à l'EAC
(Ares(2014)1473123 – 07/05/2014)
All the documents to which you have requested access contain personal data and
therefore we have decided to grant partial access to the documents, expunged of personal
data, pursuant to Article 4(1)(b) of the Regulation (privacy and integrity of the
individual).
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a document has
to be refused if its disclosure would undermine the protection of privacy and the integrity
of the individual, in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is Regulation (EC)
No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data2.
When access is requested to documents containing personal data, Regulation (EC)
No 45/2001 becomes fully applicable3.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if
there is no reason to assume that the legitimate rights of the persons concerned might be
prejudiced.
We consider that, with the information available, the necessity of disclosing the
aforementioned personal data to you has not been established and/or that it cannot be
assumed that such disclosure would not prejudice the legitimate rights of the persons
concerned. Therefore, we are disclosing the documents requested expunged from this
personal data.
1
http://ec.europa.eu/transparency/code/index_en.htm
2 Official Journal L 8 of 12.1.2001, p. 1
3 Judgment of the Court of Justice of the EU of 29 June 2010 in case 28/08 P, Commission/The Bavarian
Lager Co. Ltd, ECR 2010 I-06055.
2
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal
data protection, you are entitled, in accordance with Article 7(2) of Regulation
1049/2001, 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 Secretary-General of the Commission at the following address:
European Commission
Secretary-General
Transparency unit SG-B-4
BERL 5/282
B-1049 Bruxelles
or by emai
l to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Arturo CABALLERO BASSEDAS
Enclosures:
1.1. List of documents of the DG EAC to be registered
1.2. Administrative arrangements for the organisation of the Directors Steering committee (DSC)
1.3. IT Governance for DG EAC
2.1. Procédures de traitement des demandes d'accès aux documents à l'EAC
3
Electronically signed on 03/10/2016 17:39 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Document Outline