Documents & preparatory documents relating to agenda item 3.2.1 for 14/12/21 EDPB meeting

Nicholas Lee a fait une demande de Accès à l'information à Le Comité Européen de la Protection des Données

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La demande est partiellement réussie.

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, preparatory documents, and supervisory authority comments which relate to agenda item 3.2.1 of the 58th EDPB meeting held on 14 December 2021.

Agenda item 3.2.1 concerns a “draft model administrative arrangement: administrative cooperation between EU and Supervisory Authorities in third countries”.

Yours faithfully,
Nicholas Lee

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

Dear Mr. Lee,

Thank you for your email. However, the broad description given in your request does not enable us to adequately identify the scope of your request and, as a result, the concrete documents you are seeking access to.

In accordance with Article 6(1) of Regulation 1049/2001, applications for access to a document shall be made in a sufficiently precise manner to enable the institution to identify the document (s) in scope of a request.

We therefore invite you, in accordance with Article 6(2) of Regulation (EC) No 1049/2001 regarding public access to documents, to provide us with more precise information on the documents you request, such as the type of document (e.g. draft document, meeting minutes) references, dates or periods during which the documents would have been drafted, institutions or organisations which drafted the documents etc.

Please note that we understand preparatory documents to mean draft versions of the documents prior to its adoption, minutes of meetings where it was discussed, as well as associated info notes. However, it is not clear what is meant by "documents" in your request (as you request " documents, preparatory documents, and supervisory authority comments").

If you need further assistance to define more clearly the documents you are seeking access to, please do not hesitate to let us know.

Thank you for your cooperation.

Kind regards,
The EDPB Secretariat

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Dear European Data Protection Board,

I ask that you clarify exactly which part about the request scope is creating the lack of clarity.

The subject and relationship of responsive documents is clearly defined (those relating to a specific agenda item at a specific meeting) and the time period of associated documents is implicitly defined by way of the relationship to the meeting & when work started on that agenda item. Documents are likely to have been drafted by the EDPB and/or national DPAs.

As I do not know when the first preparatory documents relating to this agenda point were created (due to them having not been disclosed previously), it is difficult to estimate when the time period for drafting would have begun. For the purposes of this request, please use 1 January 2021 as the beginning of the search period.

The definition of a document is adequately described by Article 3(a) of 1049/2001.

Yours sincerely,
Nicholas Lee

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

Thank you for your message and for your interest in data protection. We
will look into your request and get back to you within due time. 
 
Kind regards,
 
The EDPB Secretariat

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

Dear Mr. Lee,

Thank you for your reply, and apologies if our earlier message was not clear.

We were aiming to clarify what you were referring to by asking for "documents" and "preparatory documents".

In general, for requests related to EDPB adopted documents, we consider documents such as draft versions of the document, minutes and associated info notes to be in scope of such requests. However, we consider it good practice to confirm this understanding with the applicant before registering the request, especially when a request is formulated in a broad manner, as we did indeed for your previous request.

We understand that in this specific request you are referring to any document held by the EDPB related to the agenda point referred to in your request, which makes your request broader.

In light of the issues highlighted in our previous email, and to minimise delays with our response, we would propose, if you agree, to first reply to your request taking the documents we have mentioned above in scope (draft versions of the document, minutes and associated info notes). Alternatively, if you consider that an additional category of documents should be added, we would be grateful if you point them out to us so that they can be included in our assessment. Obviously this does not prevent you from subsequently making further access requests for other categories of documents. Would this approach be suitable for you?

Thank you in advance for your feedback.

Kind regards

The EDPB Secretariat

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Dear European Data Protection Board,

Thank you for clarifying the request for detail on the definition of documents to search for. For the purpose of this request, I would also expand the scope of documents for this request to also include "emails, written correspondence, and instant messages (WhatsApp, Telegram, Signal, Slack, Microsoft Teams, etc.)".

I make reference to this EU Commission document from 2016 that notes that written communications and content are considered documents when they concern the sphere of responsibility for the agency concerned. https://www.asktheeu.org/de/request/3269...

Per the discussion on the other requests, this request's date of registration should be delayed until January 15th to avoid undue burden on secretariat resources.

Yours sincerely & happy holidays,
Nicholas Lee

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

Dear Sir/Madam,

Thank you very much for your email.

The offices of the EDPB Secretariat are closed until and including the 2
January 2022 for the holiday period.

Please note that your e-mail has not been forwarded.

We will respond to your message as soon as possible upon our return and
wish you happy holidays.

Kind regards,

The EDPB Secretariat

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

Dear Mr. Lee,

Thank you for your reply.

We confirm registration of your access to documents request and registered it today under reference 2022/02. Please use this reference for further correspondence.

We are currently assessing your request and will provide you with a reply within 15 working days (03/02/2022).

Please note that the EDPB specific privacy statement regarding the processing of personal data for the purposes of handling requests for access to documents is available on the EDPB website and can be viewed via this link: https://edpb.europa.eu/sites/edpb/files/...

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

Best regards,

The EDPB Secretariat

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

2 Attachments

Dear Mr. Lee,

 

Please find enclosed the reply to your request for access to documents
(ref. 2022-02) signed by Mr Ventsislav Karadjov, Vice-Chair of the EDPB.

 

Due to the size of the attachments, we are sending them in two emails. We
kindly request you to acknowledge receipt of the files.

 

Best regards,

The EDPB Secretariat

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

1 Attachment

Dear Mr. Lee,

 

Please find attached the second (final) part of the files.

 

We kindly request you to acknowledge receipt.

 

Best regards,

The EDPB Secretariat

 

 

From: European Data Protection Board <[EDPB request email]>
Sent: 02 February 2022 17:52
To: [FOI #10393 email]
Cc: European Data Protection Board <[EDPB request email]>
Subject: Case reference 2022-02: Your request for access to documents

 

Dear Mr. Lee,

 

Please find enclosed the reply to your request for access to documents
(ref. 2022-02) signed by Mr Ventsislav Karadjov, Vice-Chair of the EDPB.

 

Due to the size of the attachments, we are sending them in two emails. We
kindly request you to acknowledge receipt of the files.

 

Best regards,

The EDPB Secretariat