Ref. Ares(2016)5857778 - 11/10/2016
EUROPEAN COMMISSION
EUROSTAT
Directorate A: Cooperation in the European Statistical System; International cooperation;
Resources
Unit A-5: Legal and institutional affairs; Relations with EP; Document management
Luxembourg,
ESTAT/DG/A5/HO/lj
Mrs W. van Nunen
Access Info Europe
Cava de San Miguel 8, 4C
28005
ES - Madrid
Dear Mrs van Nunen,
Subject:
Your application for access to documents – Ref GestDem No 2016/4897
We refer to your request dated 02/09/2016, registered on 02/09/2016 under the above mentioned
reference number, and in which you make a request for access to documents containing the
following information:
1. Memos, guidance, guidelines, or training material (or any other document) for DG staff on record
creation and/or record keeping with a particular interest in 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.
As regards point 1, Eurostat has, firstly, identified a list of documents (Annexe 1) relevant to document
registration within our Directorate General. The documents listed cover internal guidelines on
document registration based on the general rules from the Secretariat General, adapted and elaborated
to correspond to internal requirements within our Directorate General. Secondly, two templates have
also been identified as falling within the scope of your request, related to presence lists and agendas.
The two aforementioned documents are not registered in ARES, the central registry of Commission
documents, but are available to staff on Eurostat's intranet and are attached in annexe. Thirdly, the rules
for managing personal data in relation to the organisation of meetings are available in the public
register under the following link:
http://ec.europa.eu/dpo-register/details.htm?id=30401 Regarding point 2 on access to information requests, Eurostat follows the guidelines as issued by the
Secretariat General who will reply to your request separately.
You are given access to the majority of the documents referred to in the abovementioned list. Please
note that the first two documents on the list are out-dated and have been replaced by general guidance
provided by the Secretariat General. Furthermore, some documents have been considered to fall
outside the scope of your request and are therefore not attached to this letter.
With regard to some documents, wide partial access is granted with only personal data redacted on the
basis of the exception in Article 4(l)(b) of Regulation 1049/2001 (protection of privacy and the
integrity of the individual).
Commission européenne, 2920 Luxembourg, LUXEMBOURG - Tel. +352 43011
Office: BECH A4/78 - Tel. direct line +352 4301-31748
http://ec.europa.eu/eurostat
Article 4(1 )(b) of Regulation 1049/2001 provides that [T]he institutions shall refuse access to a
document where 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 relevant undisclosed parts contain the names, initials and office addresses of Commission staff
members not holding any senior management positions, as well as names of third party staff or
individuals external to the Commission. These are undoubtedly personal data in the meaning of
Article 2(a) of Regulation 45/2001, which defines it as any information relating to an identified or
identifiable natural person (...); an identifiable person is one who can be identified, directly or
indirectly, in particular by reference to an identification number or to one or more factors specific to his
or her physical, physiological, mental, economic, cultural or social identity. It follows that public
disclosure of the above-mentioned information would constitute processing (transfer) of personal data
within the meaning of Article 8(b) of Regulation 45/2001.
Therefore, I have to conclude that the transfer of personal data through the disclosure of redacted
relevant parts of the documents cannot be considered as fulfilling the requirements of Regulation
45/2001. In consequence, the use of the exception under Article 4(l)(b) of Regulation 1049/2001 is
justified, as there is no need to publicly disclose the personal data included therein, and it cannot be
assumed that the legitimate rights of the data subjects concerned would not be prejudiced by such
disclosure. Please note that Article 4(1)(b) of Regulation 1049/2001 does not include the possibility
for the exception defined therein to be set aside by an overriding public interest.
You may reuse the documents requested free of charge 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 document. Please note that the Commission does not assume liability stemming
from the reuse. In case you would disagree with the above assessment, you are entitled, in
accordance with Article 7(2) of Regulation 1049/2001, to introduce 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-B4
BERL 5/340
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx.
Yours faithfully,
Helena Ottosson
Annexes:
Overview Procedures (plus documents as mentioned therein)
Attendance template meetings
Agenda template meetings
2