Communication with Thorn
Alexander Fanta a fait une demande de Accès à l'information à Réseaux de communication, contenu et technologies
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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:
- All communication with and documents related to said communication with non-profit organisation Thorn since January 1st, 2021. This is meant to include, but is not limited to, documents related to a series of technical briefings that Thorn set up according to minutes of a meeting with Cabinet Breton on October 18, 2021 (as released under request Ares(2022)3783787.
Yours faithfully,
Alexander Fanta
netzpolitik.org e.V.
Schönhauser Allee 6-7
10119 Berlin
Germany
Dear Sir,
Thank you for your e-mail of 22/06/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
23/06/2022 under reference number GESTDEM 2022/3650.
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 14/07/2022. 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 (cr)
SG.C.1
Transparency
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Holding reply - Your application for access to documents RefGestDem
2022/3650 - Ares(2022)5141084 (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,
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 part of the documents requested
originate from third parties, which have 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 5 August 2022.
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
BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium
References
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5. https://webgate.ec.testa.eu/Ares/documen...
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Second holding reply - Your application for access to documents GestDem
2022/3650 - Ares(2022)5603893 (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,
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
References
Visible links
1. file:///tmp/cid:filelist.xml@01D8A8DC.B8069420
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
Via email
Dear Mr Fanta,
Please find attached document Ares(2022)6032779 regarding "Your application for access to documents – GestDem 2022/3650" sent by Mr Roberto Viola, General Director of DG CONNECT on 31/08/2022.
We would appreciate if you could confirm having received our response by replying to [email address], by 14/09/2022 at the latest. In case we do not receive your acknowledgment of receipt, we are going to send you a paper version of this response by registered postal mail. For environmental reasons, we would like to avoid sending an additional paper version and therefore appreciate your swift confirmation of receipt of our email.
Best regards,
European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium
Dear General Secretariat of the European Commission,
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', – RefGestDem 2022/3650.
Regarding the substantial redactions in documents 12-18, DG Connect argues that it redacted „information relating to the concerned third party’s activities, views, positions and other commercial interests, including intellectual property“ which would undermine and seriously affect the commercial interests of the organisation concerned. Regarding document 19 and 20, DG Connect argues that they contain sensitive information related to the third parties’ activities, views and positions. In both cases, the DG relies on Article 4(2) first indent.
I argue that DG Connect made an error in law by an overly broad application of this provision. European Ombudsman rulings state that as not all information about a company is commercially sensitive, a test should be performed each time to conclude whether the exception applies (see European Ombudsman Case: 1701/2011/ANA 24 June 2013; Case: 676/2008/RT 07 July 2010.) The goal should be to determine whether disclosure would actually undermine the commercial interests of the company (see European Ombudsman Case: 1922/2014/PL 30 August 2016). I note that in several cases the Ombudsman has found insufficient grounds for refusal (European Ombudsman Case: 676/2008/RT 07 July 2010; Case: 181/2013/AN 16 February 2015). I further note that the Commission is not bound by objections from the third party involved.
Documents 12-18 evidently concern disclosures by a third party visa-vis the Commission about planned measures and technical capabilities in the fight against child sexual abuse material (CSAM). It should be noted that Thorn and other entities offering software capable of detection of CSAM have made substantial disclosures in various jurisdictions, including the UK, Australia and Ireland. While the source code for Thorn’s technology might be regarded as confidential commercial information, similar disclosure of statements about its functioning or efficacy can hardly be considered commercially harmful as they have already been disclosed elsewhere and/or might be regarded of a general nature. Document 20, which concerns “false positive mitigation”, likewise should be regarded as a description of the general working of the technology in question such as is featured customarily in promotional material of a software company and routinely disclosed to a wide array of potential customers and public agencies. It therefore should not be considered a trade secret. Document 19 contains a final report prepared by a management consultancy for DG Connect with a survey of existing technology for fighting CSAM. As the executive summary, which was disclosed, notes, this report “lays the foundation for the remainder of this project, and the research initiatives described aim to ensure it is comprehensive and relevant to the current landscape”. While Document 19 might contain previously non-public information provided by third parties, I contend that access can not be refused wholesale, but that there must be an individual assessment on the information received and the Commission should grant widest possible access.
Furthermore, I would like to argue that there is an overriding public interest in disclosure of the documents 12-20. I argue that the documents must be seen in the light of the recent Commission proposal for a Regulation to prevent and combat child sexual abuse. In a recent opinion, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) voiced grave reservations about the text proposed by the Commission. The opinion notes that there is a risk that the Proposal could become the basis for a generalised and indiscriminate scanning of content of virtually all types of electronic communications. It states that “technical solutions to secure and protect the confidentiality of electronic communications, including measures for encryption, are key to ensure the enjoyment of all fundamental rights.” This refers to the frequent criticism that technology such as the one Thorn offers, which may be used to scan all content uploaded by users of a given service, has stark implications for the rights to privacy and free speech of users. The opinion further notes (in paragraph 40) that detection software of the kind Thorn offers, which relies on Artificial Intelligence and classifiers, has high error rates that might lead to false positives, thus risking to falsely incriminate users on the basis of privately uploaded pictures or videos. In the light of these objections, a failure to disclose technical details of CSAM detection software such as are described in documents 19 and 20, deprives the public of a reasonable basis for discussion on the deployment of said technology and is therefore of harm to the general public interest. As debates between the institutions on the Regulation are ongoing, the disclosure of the documents in question specifically must be seen as “pressing concern” as outlined in the ClientEarth case of the European Court of Justice (T‑245/11). I therefore ask the Commission to consider a full release of the documents in question under the provision for an overriding public interest in disclosure as stated in Article 4(2).
Yours faithfully,
Alexander Fanta
netzpolitik.org e.V.
Schönhauser Allee 6-7
10119 Berlin
Germany
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
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2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Sir,
Thank you for your email dated 31/08/2022 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
CNECT in reply to your initial application GESTDEM 2022/3650.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 31/08/2022 (Ares(2022)6048942).
Your application will be handled within 15 working days (21/09/2022). 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 (cr)
SG.C.1
Transparency
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 - 2022/3650 - 1st holding letter - Ares(2022)6544216
(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 28 July 2022, registered on 31 August 2022, by
which you submit a confirmatory application in accordance with Article
8(1) 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 GESTDEM 2022/3650.
I would like to inform you that your confirmatory application is currently
being handled. Unfortunately, we were not able to gather all the elements
allowing us an assessment of your confirmatory request within the
prescribed time limit expiring on 21 September 2022.
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 12 October 2022.
Yours sincerely,
Mariusz Daca, Ph.D.
Deputy Head of Unit
European Commission
Secretariat General
Unit C.1 (Transparency, Document Management and Access to Documents)
References
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5. https://webgate.ec.testa.eu/Ares/documen...
Dear Mr Fanta,
We are writing to you concerning your confirmatory request for access to
Commission documents for case 2022/3650, registered on 31/08/2022.
On 22/09/2022, we extended the time-limit for replying to your
confirmatory request to 12/10/2022.
Unfortunately, we will not be able to send you the reply within this
extended time limit.
This delay is caused by the complexity of your application and the
necessity to hold internal consultations by the Commission services
concerned as well as consultations with the third parties. Once these
consultations are concluded, a draft confirmatory decision concerning your
application will be drafted, reviewed by the Legal Service and adopted by
the Secretary-General. It will then be notified to you.
However, we assure you that we are doing our best to send a reply to your
confirmatory request as soon as possible.
We regret this additional delay and sincerely apologize for any
inconvenience this may cause.
Kind regards,
SG C1 - Access to Documents Team
Dear Access to documents team,
I haven't heard any news on my confirmatory application 2022/3650 for the past six months. Any news?
Yours faithfully,
Alexander Fanta
Dear Mr Fanta,
Thank you for your message. Please accept our apologies for the delay in
the handling of your confirmatory application for access to documents,
registered under the reference number GESTDEM 2022/3650, which has been
caused by the need to hold various internal consultations between the
Commission services concerned by the subject matter. After finalisation of
these consultations, the draft confirmatory decision will be subject to a
review by the Commission's Legal Service and, upon its approval, adopted
by the Secretary-General. Once the decision is adopted, it will be
notified to you.
With kind regards,
SG Access to Documents Team
Dear Mr Alexander Fanta,
Please find attached the electronic version of Commission Decision C(2023)
5190 as adopted by the European Commission on 26.7.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
MARTIN GALAN MARIA SERENA
Secrétariat général de la Commission
SG B2 - Procédures écrites, habilitation, délégation
BERL 05/P071' +32-2-299.59.48
Dear Ms / Dear Mr,
It is very important for us.
Please, could you please acknowledge the receipt of the document enclosed
in the message addressed to you ?
MARTIN GALAN MARIA SERENA
Secrétariat général de la Commission
SG B2 - Procédures écrites, habilitation, délégation
BERL 05/P071' +32-2-299.59.48
From: SG GREFFE CERTIFICATION
Sent: Thursday, July 27, 2023 3:49 PM
To: '[FOI #11478 email]'
<[FOI #11478 email]>
Cc: GRIGORAS Eduard (SG) <[email address]>
Subject: C(2023) 5190 addressed to Alexander Fanta - Netzpolitik.org e.V.
Dear Mr Alexander Fanta,
Please find attached the electronic version of Commission Decision C(2023)
5190 as adopted by the European Commission on 26.7.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
MARTIN GALAN MARIA SERENA
Secrétariat général de la Commission
SG B2 - Procédures écrites, habilitation, délégation
BERL 05/P071' +32-2-299.59.48
Dear [email address],
thank you for your work on this confirmatory application. I acknowledge the receipt.
Yours sincerely,
Alexander Fanta
Dear Mr Alexander Fanta,
Please find attached the electronic version of Commission Decision C(2023)
6699 as adopted by the European Commission on 1.10.2023.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
MARTIN GALAN MARIA SERENA
Secrétariat général de la Commission
SG B2 - Procédures écrites, habilitation, délégation
BERL 05/P071' +32-2-299.59.48
Dear SG,
thank you for your work. I received the documents in question.
Yours sincerely,
Alexander Fanta
Dear Sir,
Please find attached the electronic version of Commission Decision
C(2024)1861 as adopted by the European Commission on 17.03.2024.
The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.
Could you please confirm receipt of the attached document by return
e-mail?
Many thanks in advance.
Kind regards,
Access to documents team - cr
SG.C.1
Transparency
Dear Transparency Unit, dear Ms Deprez,
thank you for your final reply in this long-running request regarding Pegasus, and thank you for granting wider access.
Yours sincerely,
Alexander Fanta