Data Protection Coordinators of DG INFSO & DG CNECT

La demande est réussie.

Dear Communications Networks, Content and Technology (CNECT),

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:

I refer to the prior notification of the article 25 of Regulation No 45/2001 DPO-3338.1 released on 19/9/2013 pursuant to the application GestDem 2013/3773. DPO-3338.1 suggests that at the time DPO-3338.1 was registered in the register of article 26 of Regulation No 45/2001 (i.e. 2/2/2011) the relevant DG INFSO Data Protection Coordinators (DPC) (see article 14 of Commission Decision 597/2008) were Ms. Angela MARCOS FIGUERUELO and Ms. Anne TROY.

Copies of the following DG INFSO or DG CNECT internal documents are kindly requested:

1. The internal administrative 'act' or 'decision' or equivalent appointing the aforesaid two DG INFSO - DG CNECT officials as DG INFSO - DG CNECT Data Protection Coordinators

2. The document(s) with which DG INFSO - DG CNECT notified the Commission Data Protection Officer about the appointment of these two officials as Data Protection Coordinators.

3. The internal administrative 'act' or 'decision' or equivalent appointing as DG INFSO - DG CNECT Data Protection Coordinator the predecessor(s) DPC(s).

4. The internal document(s) notifying the predecessor DPC(s) the release from his/her duties as DG INFSO - DG CNECT Data Protection Coordinator.

5. The document(s) drawn up by the DG INFSO - DG CNECT Data Protection Coordinators, other than DPO-3338.1 itself and the attached Privacy Statement, about the personal data processing operations in the context of the financial audits (both external and desk controls) of DG INFSO - DG CNECT and the compliance with Regulation No 45/2001.

6. In view of the provisions of article 14(5) of Commission Decision 597/2008 (OJ 2008 L 193/7) and that 'statements' of DPO-3338.1 "This processing has been submitted to the EDPS who concluded that Article 27 is not applicable." and "3. Processors -" are entirely divorced from reality, the document (including emails, notes to file or equivalent) with which (i) the aforesaid two officials DPCs requested the permission of their superiors for the inclusion of false statements in a statutory instrument, and (ii) the granting of the permission or the issuance of instructions to those two DPCs to proceed with the entry into the article 26 of Regulation No 45/2001 register of a prior notification containing a willful and intentional misrepresentation of facts.

7. In view of the provisions of article 14(5) of Commission Decision 597/2008and that 'statements' of DPO-3338.1 "This processing has been submitted to the EDPS who concluded that Article 27 is not applicable." and "3. Processors -" are entirely divorced from reality, and in case DPO-3338.1 was filed prior to the appointment of the aforementioned officials as DPCs, the document (including emails, notes to file or equivalent) with which (i) the predecessor DPCs requested the permission of his/her superiors for the inclusion of false statements in a statutory instrument, and (ii) the granting of the permission or the issuance of instructions to the predecessor DPC to proceed with the entry into the article 26 of Regulation No 45/2001 register of a prior notification with willful and intentional misrepresentation of facts.

In my view, none of the exceptions of article 4 Regulation No 1049/2001 may be relied upon to refuse full access to the requested documents. Moreover, the documents of requests #5, #6 and #7 directly concern the fundamental right of personal data protection and also the manifest infringement of several provisions of Union law (including the Staff Regulations). It is self-evident that there is an overriding public interest for their full release in order to scrutinize the the unlawful conduct of DG INFSO - DG CNECT.

Yours faithfully,

Mr. Akis NASTAS

Réseaux de communication, contenu et technologies (CNECT)

Dear Sir,

Thank you for your email dated 19/09/2013.

We hereby acknowledge receipt of your application for access to documents, which was registered on 19/09/2013 under reference number GestDem 2013/4667.

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 10/10/2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.5.
Transparence.
Berl. 05/329.

Afficher les sections citées

EC ARES NOREPLY, Réseaux de communication, contenu et technologies (CNECT)

1 Attachment

Dear Sir,

Please find attached document Ares(2013)3275755 concerning "Your application for access to documents – Ref GestDem No 2013/4667 - extension of the deadline." sent by Ms ENGELBOSCH Katleen on 17/10/2013.

Kind regards.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender ENGELBOSCH Katleen (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir ENGELBOSCH Katleen (mailto:[email address]).

Dear Communications Networks, Content and Technology (CNECT),

According to the records of asktheeu.org DG CNECT has not provided an initial reply, even though on 17 October, Ares(2013) 3275755, it undertook to provide the reply by 31 October.

Except requests under (6) and (7)- which might be sensitive since they directly concern liabilities of individual officials regarding the 'inaccuracies' of DPO-3338.1 - the documents at issue are of the kind 'run of the mill' for an administrative department of the European Commission, and for which no exception of article 4 of Regulation 1049/2001 might be applicable. It means that there is no reason whatsoever to delay the initial reply regarding requests under (1) to (5).

I would therefore be obliged if DG CNECT would promptly release the documents falling under requests (1) to (5).

Yours faithfully,

Mr. Akis NASTAS

Dear Communications Networks, Content and Technology (CNECT),

This is a second reminder that the initial response is overdue.

I would therefore be obliged if DG CNECT would disclose the documents applied for.

Yours faithfully,

Mr. Akis NASTAS

Dear Communications Networks, Content and Technology (CNECT),

This is the third reminder that the initial response is overdue. Almost three months after the registration of the application DG CNECT has not provided yet the initial response.

The application concerns the compliance of DG CNECT with Regulation 45/2001. That DG CNECT had decided to adopt some kind of its own interpretation of Regulation 45/2001 and the Commission Decision 597/2008 does not in the least diminish the DG CNECT's obligation to respect the time-limits of Regulation 1049/2001. This applies a fortiori to applications under the latter Regulation, which seek the release of documents about that particular compliance.

I would therefore be obliged if DG CNECT would disclose the documents applied for without further delays.

Yours faithfully,

Mr. Akis NASTAS

Dear Communications Networks, Content and Technology (CNECT),

I refer to GestDem 2013/4667 registered on 19/9/2013, that it to say nearly four months ago.

On 17 October DG CNECT extended the time-limit of the initial response to 31 October. Despite three reminders - on the 14th and 27th of November, and on 11 December - no initial response is in sight.

I would therefore be obliged if DG CNECT would disclose the documents applied for without further delays.

Yours faithfully,

Mr. Akis NASTAS

Réseaux de communication, contenu et technologies (CNECT)

7 Attachments

 

Dear Sir,

 

Please find attached document Ares(2014)66853 regarding "Your application
for access to documents – Ref GestDem No 2013/4667 under Regulation
1049/2011 regarding public access to European Parliament, Council and
Commission documents" sent by Mr Madelin Robert on 14/01/2014.

 

Kind regards.

 

[1]cid:image002.png@01CDE9CC.3B4F5EF0
European Commission
DG CONNECT - R4 Compliance
Secretariat

BU25 1/083

 

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