Dear Justice (JUST),
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 correspondence, phone logs, between DG JUST and the Dutch Ministry of Justice - Mr. Joel van Andel - on the issue of 'a European Adoption Policy' or any other issues related to the adoption of children.
Dear Mr Dohle,
You are asking access to " all correspondence, phone logs, between DG JUST
and the Dutch Ministry of Justice - Mr. Joel van Andel - on the issue of
'a European Adoption Policy' or any other issues related to the
adoption of children" .
DG JUST (former DG JLS) has no phone logs concerning conversations between
its staff and Mr. van Andel. However, Mr. van Andel contacted DG JUST, on
behalf of his Ministry, in September 2009 in order to obtain information
on the forthcoming Conference on adoption to be held in Strasbourg on 30
November-1 December 2009.
Mr. van Andel participated in the conference as representative of the
Dutch Ministry of Justice.
In February 2010 a meeting was held in the Commission's premises between
DG JLS and representatives of the Dutch Minister of Justice for an
exchange of information about issues related to child's rights, parental
responsibility, child abduction and adoption.
The flash report of this meeting is attached.
Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a
document can be refused "(…) where disclosure would undermine the
protection of privacy and the integrity of the individual, in particular
in accordance with Community legislation regarding the protection of
personal data". Indeed, the documents falling under your access request
contain personal data. The applicable legislation in this field is
Regulation (EC) No 45/2001 of the European Parliament and of the Council
of 18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and
on the free movement of such data.
When access is requested to documents containing personal data, Regulation
(EC) No 45/2001 becomes fully applicable. According to Article 8(b) of
this Regulation, personal data shall only be transferred to recipients if
they establish the necessity of having the data transferred to them and if
there is no reason to assume that the legitimate rights of the persons
concerned might be prejudiced.
We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and that it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned. Therefore, we
are disclosing the above mentioned document expunged from the personal
data of the individuals that have objected to their disclosure.
If you wish to receive these personal data, we invite you to provide us
with arguments showing the need for having these personal data transferred
to you and the absence of adverse effects to the legitimate rights of the
persons whose personal data should be disclosed.
Directorate-General for Justice
Civil Justice Policy Unit