Ref. Ares(2020)2669544 - 22/05/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR EUROPEAN CIVIL PROTECTION AND HUMANITARIAN AID
OPERATIONS (ECHO)
General Affairs
Contracts and Finance
Brussels
ECHO.E.3/MD
E-mail with acknowledgment of receipt
Mr. Samuel Stolton
EURACTIV Brussels
International Press Centre
Boulevard Charlemagne 1,
1041 Brussels
BELGIUM
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2020/2413
Dear Mr. Stolton,
We refer to your e-mail of 25 April 2020 in which you make a request for access to documents,
registered on 27 April 2020 under the above-mentioned reference number.
You request access to minutes of the meeting held on 23 April 2020 between Commissioner
Lenarčič and Microsoft representatives and all correspondence between any Commission
officials working with Commissioner Lenarčič and any Microsoft representative between 1
February 2020 and 25 April 2020.
Your application concerns the following documents:
-
Email from Microsoft to DG ECHO, 8 to 13 April 2020, Ares(2020)2031980 (hereafter
document 1)
-
Letter from the DG ECHO Executive Vice-President to Microsoft, 20 April 2020, Ares
(2020)2154797 (hereafter document 2)
-
Meeting report: video call on COVID-19 between Commissioner Janez Lenarčič and
Microsoft, 23 April 2020, Ares(2020)2216575 (hereafter document 3)
With regard to the all documents listed above, a complete disclosure of the identified 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;
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
-
the names/initials and contact details of other natural persons;
-
handwritten signatures/abbreviated signatures of natural persons;
-
other information relating to an identified or identifiable natural person such as job titles of
natural persons;
Article 9(1)(b) of the Data Protection Regulation 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 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) 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.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules on
intellectual property, which may limit your right to reproduce or exploit the released documents
without the agreement of the originator, who may hold an intellectual property right on them. The
European Commission does not assume any responsibility from their reuse.
Document 3 referenced above, was drawn up for internal use under the responsibility of the
relevant officials of the Directorate-General for European Civil Protection and Humanitarian Aid
Operations. It solely reflects the author's interpretation of the interventions made and does not set
out any official position of the third parties to which the document refers. It does 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 to:
xxxxxxxxxx@xx.xxxxxx.xx
According to standard operational procedure, the reply is usually also sent to you by
registered post. Please note, however, that due to the extraordinary health and security
measures currently in force during to the COVID-19 epidemics, which include the
requirement for all Commission non-critical staff to telework, this communication will be
sent only by e-mail.
2
We would therefore appreciate if you could confirm receipt of the present e-mail by replying
to xxxxxxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[E-signed]
Jan SEMPELS
Head of Unit
Encl.: Email from Microsoft to DG ECHO, 8 to 13 April 2020, Ares(2020)2031980
Letter from the DG ECHO Executive Vice-President to Microsoft, 20 April 2020,
Ares (2020)2154797
Meeting report: video call on COVID-19 between Commissioner Janez Lenarčič and
Microsoft, 23 April 2020, Ares(2020)2216575
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Electronically signed on 20/05/2020 16:43 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563