Dear European Data Protection Board,

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:

- Correspondence between the European Data Protection Board and the European Commission regarding the proposed Google/Fitbit merger.
- Formal guidance provided by the European Data Protection Board to the European Commission regarding the data protection considerations involved in the Google/Fitbit merger.

Yours faithfully,

Sam Clark

European Data Protection Board, Le Comité Européen de la Protection des Données

Thank you for your message. We will look into your request and respond
within due time.
 
Kind regards,
 
The EDPB Secretariat

European Data Protection Board, Le Comité Européen de la Protection des Données

Dear Sam Clark,

 

We confirm registration of your access to documents request and registered
it today under reference 2020/30. Please use this reference for further
correspondence.

 

We are currently assessing your request and will provide you with a reply
within 15 working days (28/09/2020).

 

Should you have any further queries, please do not hesitate to contact us.

 

Best regards,

 

The EDPB Secretariat

 

European Data Protection Board, Le Comité Européen de la Protection des Données

1 Attachment

Dear Sam Clark,

 

Please find attached the answer from Mr. Karadjov, EDPB Deputy Chair, with
regard to your access request.

 

Sincerely,

 

The EDPB Secretariat

 

Dear European Data Protection Board,

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 'Correspondence with the European Commission regarding Google/Fitbit merger'.

Your response dated 28 September 2020 cited three exceptions preventing disclosure. I would like to deal with the first, and then the latter two as one.

1 (Privacy and integrity of the individual): I believe this could be solved by redacting names and personal information. This would still provide the information I requested without publishing any personal data.
2 and 3 (purpose of investigation and "space to think"): I understand your reasoning regarding these exceptions, but later in the letter you state that you have not been able to identify a public interest in disclosure of the document.

I would argue that there is a clear public interest in doing so, given the ubiquity of Google in Europe and the popularity of Fitbit. There is clearly concern about how Google will use health data if the acquisition is approved - as the European Commission has said on multiple occasions. Users have the right to know about these concerns in more detail before the review moves to the next stage. Academics and practitioners may also contribute to the debate to help the EDPB and the European Commission come to a more informed conclusion.

In light of the above, I request that you reconsider your public interest assessment and disclose the information.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/corr...

Yours faithfully,

Sam Clark

European Data Protection Board, Le Comité Européen de la Protection des Données

Dear Sam Clark,

 

We acknowledge receipt of your confirmatory request sent on 28 September
2020.

 

It was been registered today under reference 2020-30-C. Please use this
reference for further correspondence.

 

We are currently assessing your confirmatory request and will provide you
with a reply within 15 working days (deadline: 20/10/2020).

 

Should you have any further queries, please do not hesitate to contact us.

 

Best regards,

 

The EDPB Secretariat

 

 

European Data Protection Board, Le Comité Européen de la Protection des Données

4 Attachments

Dear Sam Clarke,

 

Please find attached the answer from Ms. Andrea Jelinek, EDPB Chair, with
regard to your confirmatory application.

 

Sincerely,

 

The EDPB Secretariat

 

 

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