Claim of "Illegal Secret Deal" with X (currently mostly known as twitter)
Dear Communications Networks, Content and Technology,
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:
Margrethe Vestager wrote on twitter on July 12: https://twitter.com/vestager/status/1811...
"In our view @X doesn’t comply with the DSA in key transparency areas. It misleads users, fails to provide adequate ad repository and blocks access to data for researchers. It’s the first time we issue preliminary findings under the Digital Services Act. 👇"
to which Elon Musk responded on the same day: https://twitter.com/elonmusk/status/1811...
"The European Commission offered 𝕏 an illegal secret deal: if we quietly censored speech without telling anyone, they would not fine us.
The other platforms accepted that deal.
𝕏 did not."
I am requesting all documents concerning the interactions between x/twitter/musk and people representing the interests of x/twitter/musk and with the European Commission including all documents that - by whatever weird metric and opinion - could be referred to as "deal" offering, may it be secret and/or illegal.
If such documents can't be released, I am requesting the document names/titles and identifiers of the documents within the scope of this request.
Yours faithfully,
Mathias Schindler
Dear Communications Networks, Content and Technology,
I trust that you promptly registered my FOIA request on July 12. Please confirm.
Yours faithfully,
Mathias Schindler
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 12/07/2024 and registered on 16/07/2024 under case number 2024/3833.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Communications Networks, Content and Technology,
I object to your non-prompt registration of my request.
Also, you already have my postal address so asking again is moot.
Yours faithfully,
Mathias Schindler
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Sir,
Thank you for your email.
We are coming back to you on THIS current access to documents cases, namely: 2024/3833;
To unblock this case, we kindly ask you to confirm that this address, last address we have for you, is still valid?
Hermann M XXXX-PXXXX, 2XXX - 144XX PXXXX.
Kind regards,
European Commission
Access to Documents Team - CR
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 12/07/2024 and registered on 16/07/2024 under the case number
2024/3833.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 06/08/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr Schindler,
We refer to your request for access to documents, registered under the
abovementioned reference number.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.
An extended time limit is needed as different services need to be
consulted.
Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 28 August 2024.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
European Commission
DG CONNECT – ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium
Dear Mr Schindler,
We refer to your request for access to documents, registered under the
abovementioned reference number.
Your application is currently being handled. However, we have not been in
a position to complete the handling of your application within the time
limit, which expires today.
Please be assured that the reply is about to come.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
European Commission
DG CONNECT – ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/3833.
Please acknowledge the receipt of this message by return email.
Kind regards,
DG CONNECT Access to documents Team
Dear Communications Networks, Content and Technology,
Please pass this on to the person who reviews confirmatory applications.
I am filing the following confirmatory application with regards to my access to documents request 'Claim of "Illegal Secret Deal" with X (currently mostly known as twitter)'.
A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/clai...
Yours faithfully,
Mathias Schindler
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2024/3833, sent on 03/09/2024 and registered on 03/09/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 24/09/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Hello,
We are writing concerning your confirmatory request for access to
Commission documents for case 2024/3833 registered on 3 September 2024.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. We will not be able to send you the reply within
the prescribed time limit expiring on 24 September 2024.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 15 October 2024.
We apologise for any inconvenience this may cause.
Kind regards,
SG Access to documents
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...