Ref. Ares(2021)3690218 - 04/06/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR FINANCIAL STABILITY, FINANCIAL SERVICES AND CAPITAL
MARKETS UNION
General Affairs
Policy planning and implementation, inter-institutional relations
Brussels,
FISMA.A.2/DB/
Mr Alex Cranston
40 Bermondsey Street
London
United Kingdom
By e-mail: ask+request-9241-
xxxxxxxx@xxxxxxxx.xxx
Dear Mr Cranston,
Subject:
Your application for access to documents – GESTDEM 2021/1883
We refer to your e-mail of 25 March 2021, in which you make a request for access to
documents, registered on the same day under the above-mentioned reference.
“Under the right of access to documents in the EU treaties, as developed in Regulation
1049/2001, I am requesting documents which contain the following information:
All documentation (including but not limited to all email correspondence, attendance lists,
agendas, background papers, transcripts, recordings and minutes/notes) relating to the meeting
listed below:
1. Between the Irish Farmers' Association (IFA) and Commissioner Mairead McGuinness, on the
12th March 2021.”
After a search, two documents from the corresponding meeting have been identified as
falling within the scope of your request. We enclose a copy of the documents requested.
Full access is given to the first document (minutes of the meeting).
Having examined the second document requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, I have come to the conclusion
that it may be only partially disclosed as it contains personal data, in particular names
and contact details. Therefore, some parts of the document have been blanked out and
their disclosure is prevented by exception to the right of access laid down in Article 4 of
this Regulation, for data protection reasons.
Personal data can only be transmitted under specific exceptional conditions, including if
‘the recipient establishes that it is necessary to have the data transmitted for a specific
purpose in the public interest. According to Article 9(1)(b) of Regulation 2018/1725, the
European Commission also only has to examine the further conditions for a lawful
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
processing of personal data if the recipient has established that it is necessary to have the
data transmitted for a specific purpose in the public interest. In your request, you do not
put forward any arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Notwithstanding the above, please note that there are reasons to assume that the
legitimate interests of the data subjects concerned would be prejudiced by disclosure of
the personal data reflected in the documents.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation 1049/2001,
access cannot be granted to the personal data, 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.
Should you disagree with the assessment that the redacted data are personal data that can
only be disclosed if such disclosure is legitimate under the applicable rules on the
protection of personal data, 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.
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 t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Dorota Kalina ZALIWSKA
Head of Unit
Attachments (2): annex I minutes of the meeting, annex II letter IFA to the
Commissioner dated 8 March 2021.
2
Electronically signed on 04/06/2021 15:12 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482