Alexander Fanta

Dear Migration and Home Affairs,

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 communication with Thorn for the past 12 months. That should include e-mails, briefing notes, meeting minutes, etc. It should be noted that a member of the Cabinet of Commissioner Johansson was present at a video meeting with a representative of Thorn on February 10, 2021

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles

ve_home.access.to.documents (HOME), Migration et affaires intérieures

[1]your application for access to documents, reference number gestdem
2021/3095. - Ares(2021)3154222

Sent by ve_home.access.to.documents (HOME)
<[email address]>. All responses have to be sent to
this email address.
Envoyé par ve_home.access.to.documents (HOME)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

Thank you for your e-mail of 10/05/2021. We hereby acknowledge receipt of
your application for access to documents, which was registered under
reference number gestdem 2021/3095.

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
04/06/2021. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,
Access to Documents Team

Afficher les sections citées

HOME NOTIFICATIONS D4, Migration et affaires intérieures

1 Attachment

ve_home.access.to.documents (HOME), Migration et affaires intérieures

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Your application for access to documents – GESTDEM 2021/3095 -
Ares(2021)3685548 - Ares(2021)3685800

Sent by ve_home.access.to.documents (HOME)
<[email address]>. All responses have to be sent to
this email address.
Envoyé par ve_home.access.to.documents (HOME)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir,

We refer to your e-mail of  10/05/2021 in which you make a request for
access to documents, registered under the above mentioned 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 on 4/06/2021.

An extended time limit is needed as the documents requested originate from
third parties, which have been 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 25/06/2021.

We apologise for this delay and for any inconvenience this may cause.

 

Best regards,

 

HOME Access to documents team

 

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7593F.E9484BC0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

ve_home.d.4 (HOME), Migration et affaires intérieures

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Your access to documents request - Gestdem 3095 - Ares(2021)4220919

Sent by ve_home.d.4 (HOME) <[email address]>. All
responses have to be sent to this email address.
Envoyé par ve_home.d.4 (HOME) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Mr Fanta,

 

In reference to your above-mentioned request, we wish to inform you that

we are still gathering information for you but we were not able to

complete the reply by the deadline. We will do our best to reply as soon
as possible. 

 

In the meantime, please accept our apologies for any inconvenience this

may cause.

 

European Commission - DG Migration and Home Affairs

Unit D.4 Security in the Digital Age

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D76CC8.B83C2F50
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

HOME NOTIFICATIONS D4, Migration et affaires intérieures

4 Attachments

Dear Migration and Home Affairs,

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 'Communication with Thorn'.

I would like to appeal against the redactions of substantial parts of document 2, Flash report from a meeting between Unit HOME D.4 and Thorn on 3 March 2021. The redactions were justified by the Commission with reference to Article 4 (3), which states the exception in a case where disclosure would harm an ongoing decision-making process, unless there is an overriding public interest. The reply stated that "officials have to be able to gather evidence form a broad range of stakeholders, and explore preliminary options, which may not be reflected in later decision-making process."

I would like to argue that there is indeed a significant public interest in the proposal. As the debates around how to fight online child abuse and how to protect privacy (including with the use of encryption) will help to shape this aspect of EU policy-making over the next decade, the public should be able to see at least some of the arguments being made in regards to specifics of the proposal in due time as to be relevant to public debate. I would like to add that I make my request as journalist, therefore acting in my function as public watchdog as set out in jurisprudence by the European Court of Human Rights.

I would point out the European Court of Justice ruling in Council v Sophie in’t Veld, C-350/12 P, in which the court states that an institution, in principle, must first "explain how disclosure of that document could specifically and actually undermine the interest protected by the exception". However, in this case the Commission has given only general statements in regards to how disclosure would undermine the protection of the decision-making process, stating that it "would reveal preliminary views and policy options which are currently under consideration". How disclosing a "preliminary view" would exactly undermine decision-making remains unclear.

I would also like to point out the European Ombudsman finding in case 2781/2008/(TS) FOR, that in many cases EU bodies have offered insufficient reasoning for a refusal when it was grounded on the protection of the decision-making process, which in the opinion of the Ombudsman constitutes maladministration. I ask the Commission to review the documents in question to see whether access to the redacted policy-statements may be granted and, if not, spell out how specifically disclosure would be to the detriment of ongoing decision making other than a quite general reference to internal discussion.

In this context, I would like to refer to a ruling by the General Court on April 21, 2021 (case T‑252/19), in which the court points out that if "citizens are to be able to exercise their democratic rights, they must be in a position to follow in detail the decision-making process within the institutions taking part in the legislative procedures and to have access to all relevant information." In that regard, as the Court of Justice has observed before and re-stated in this case, it is transparency "that contributes to conferring greater legitimacy on the institutions in the eyes of European citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated. It is in fact rather a lack of information and debate that is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole."

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles

SG ACCES DOCUMENTS, Migration et affaires intérieures

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

Dear Sir,

Thank you for your email dated 5 July 2021 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
HOME in reply to your initial application GESTDEM 2021/3095.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 7 July 2021 (Ares(2021)4419465).

Your application will be handled within 15 working days (29/07/2021). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[5]cid:image001.png@01D45409.F767C980

European Commission

Secretariat-General

SG C.1

[6][email address]

 

 

Afficher les sections citées

SG ACCES DOCUMENTS, Migration et affaires intérieures

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2021/3095 - 1st holding letter -
Ares(2021)4877330  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Fanta,

 

I refer to your email of 7 July 2021, registered on the same day, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference number above.

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision. Therefore, we
are not in a position to reply to your confirmatory request within the
prescribed time limit which expires on 29 July 2021. Consequently, we have
to extend this period by another 15 working days in accordance with
Article 8(2) of Regulation (EC) No 1049/2001. The new deadline expires on
19 August 2021. However, I can assure you that we are doing our utmost to
provide you with a final reply within the next 15 working days.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

 

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7853D.54025FE0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

SG ACCES DOCUMENTS, Migration et affaires intérieures

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

Dear Mr Fanta,

 

I refer to your email of 7 July 2021, registered on the same day, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference number above.

 

I also refer to our holding reply of 30 July 2021, by which the time limit
for replying to your confirmatory application was extended by 15 working
days, pursuant to Article 8(2) of Regulation 1049/2001. This extended time
limit expires on 19 August 2021.

 

I regret to have to inform you that we are not able to respond within the
extended time-limit, as we have not yet finalised internal consultations.
I can assure you that we are doing our utmost to provide you with a final
reply as soon as possible.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[5]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D794EF.9C48F2C0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~

Dear SG ACCES DOCUMENTS,

are there any news on my request?

Yours sincerely,

Alexander Fanta

SG ACCES DOCUMENTS, Migration et affaires intérieures

[1]RE: Your confirmatory application for access to documents GESTDEM
2021/3095 - Ares(2021)5182740 - Ares(2021)6794746  (Please use this link
only if you are an Ares user – Svp, utilisez ce lien exclusivement si vous
êtes un(e) utilisateur d’Ares)

Dear Mr Fanta,

Thank you for your e-mail.

We understand your frustration and we would like to assure you that we are
working on the final decision in relation to your request.

Considering that the consultations in relation to your application have
not yet been finalised, unfortunately we cannot commit to a specific time
frame within when the final decision will be adopted.

However, we would like to assure you that we are doing our utmost to
provide you with a reply as soon as possible.

Please accept our sincere apologies for the inconvenience this delay may
cause to you and thank you for your understanding.

Kind regards,

ACCESS TO DOCUMENTS TEAM (cr)
European Commission
Secretariat-General
SG C.1 – Transparency, Document Management & Access to Documents
[email address]

Afficher les sections citées

Dear SG ACCES DOCUMENTS,

I wanted to ask for an update on this request. Any developments?

Yours sincerely,

Alexander Fanta

SG ACCES DOCUMENTS, Migration et affaires intérieures

[1]Your confirmatory application for access to documents GESTDEM 2021/3095
- Ares(2021)5182740 - Ares(2021)6794746 - Ares(2021)7836503  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Fanta,

Thank you for your e-mail.

We would like to assure you that we are working on the decision in
relation to your request.

We would like to inform you that the handling of your confirmatory
application has been delayed due to the specific nature of the documents
requested and due to our limited human resources in light of the workload
generated by other pending requests.

We would like to confirm that the internal consultations in relation to
your application are fully ongoing. Therefore, we still cannot commit to a
specific time frame within when the decision will be adopted.

However, we would like to assure you that we are doing our utmost to
provide you with a reply as soon as possible.

Please accept our sincere apologies for the inconvenience this delay may
cause to you and thank you for your understanding.

Kind regards,

ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat-General
SG C.1 – Transparency, Document Management & Access to Documents
[email address]

Afficher les sections citées

SG-GREFFE-CERTIFICATION@ec.europa.eu, Migration et affaires intérieures

2 Attachments

Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2022)1155, as adopted by the European Commission on 18.2.2022.
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached documents by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Migration et affaires intérieures

1 Attachment

Dear Mr Fanta,
 
Unless we are mistaken, and while checking our records, we have not
received your confirmation of receipt regarding the message below.
 
Could you please confirm having received the message and also of the
document enclosed?
 
Kind regards,
Oana Boldis
 
 
Oana Boldis
Post-adoption actions coordination support
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Monday, February 21, 2022 3:38 PM
To: '[FOI #9460 email]'
<[FOI #9460 email]>
Cc: BEVIERE Chantal (SG) <[email address]>; SG DOSSIERS ACCES
<[email address]>
Subject: C(2022)1155
Importance: High
 
 
Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2022)1155, as adopted by the European Commission on 18.2.2022.
 
 
<< File: C_2022_1155_1_EN_ACT_part1_v2.pdf >>
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached documents by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Alexander Fanta

Dear [email address],

I have received the document with your rejection of my appeal.

Yours sincerely,

Alexander Fanta