Ref. Ares(2020)3621417 - 09/07/2020
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
Resources and Support
Compliance and Planning
Head of Unit
Brussels,
CONNECT/R4
Mr Mathias Schindler
Bundestagsbüro Julia Reda, MdEP
Unter den Linden 50
11011 Berlin
Germany
Advance copy via email:
ask+request-8029-
xxxxxxxx@xxxxxxxx.xxx
REGISTERED MAIL WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents – GestDem 2020/3429
Dear Mr Schindler,
We refer to your application for access to documents dated 05/06/2020 and registered on
08/06/2020 under the above-mentioned reference number (our ref. Ares(2020)2943701).
We also refer to the acknowledgement of receipt sent on 08/06/2020 (our ref.
Ares(2020)2944079) and to the holding reply sent on 01/07/2020 (our ref.
Ares(2020)3456728).
1. SCOPE OF YOUR APPLICATION
Your request reads as follow:
“I am requesting a copy of each Access to Documents request from 2018 and 2019 that
was refused registration because the requesting person did not provide a postal address.
[…]. I am perfectly fine with the redaction of personal information.”
2. DOCUMENTS FALLING WITHIN THE SCOPE OF YOUR REQUESTS
Please note that your request has been split between all Commission services and this
reply concerns only the access to documents requests received by DG CONNECT in
2018 and 2019.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
The following documents have been identified as falling within the scope of your
request:
1) Request Gestdem 2018/4756 (our ref. Ares(2018)4647222)
2) Request Gestdem 2018/4869 (our ref. Ares(2018)4784446)
Request for which the postal address was provided after clarification, were registered.
3. ASSESSMENT UNDER REGULATION 1049/2001
Having examined the documents requested under the provisions of Regulation 1049/2001,
we have concluded that
the two identified documents can be
partially disclosed, with
only
personal data redacted.
The documents contain
personal data, in particular names and email addresses of third
party’s natural persons. Disclosure of these personal data is prevented by the exception
concerning the protection of privacy and the integrity of the individual outlined in
Article
4(1)(b) of Regulation 1049/2001.
Article 9(1)(b) of the Data Protection Regulation1 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
explicitly declared to be fine with the redaction of personal information.
Consequently, we conclude that, pursuant to Article 4(1)(b) of Regulation 1049/2001,
access cannot be granted to the personal data contained in the requested documents. We
therefore disclose a version of these documents with the aforementioned parts blanked
out.
You may reuse the disclosed documents based on
the Commission Decision on the reuse
of Commission documents2. You may reuse these documents free of charge and 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 documents. Please note that the
Commission does not assume liability stemming from the reuse. The documents
originating from third parties are disclosed to you based on Regulation 1049/2001.
4. CONFIRMATORY APPLICATION
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation 1049/2001, to submit a confirmatory application requesting the
Commission to review this position.
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39.
2 2011/833/EU: Commission Decision of 12 December 2011 on the reuse of Commission documents, OJ L
330, 14.12.2011, p. 39–42
2
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
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
(e-Signed)
Katleen Engelbosch
Enclosures:
(2)
3
Electronically signed on 09/07/2020 09:47 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563