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:

The information requested is referenced in Document 41 of a prior request registered under 2021/33. In that July 2021 document, EDPB members are encouraged to share information on Confluence regarding FATCA. ("take note of the developments reported by some SAs on FATCA and encourage the sharing of such information at EDPB level through a forum created on Confluence")

In the event that any of Confluence/Forum information has already been evaluated for disclosure in the 2021/33 request, please note that it has been & which document number it relates to, as this will avoid unnecessary duplicate work.

Please note that forum / wiki / comment postings are reasonably considered to be digital documents. If the EDPB disagrees, please clearly note that in the response.

Yours faithfully,
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,

We are writing with reference to your requests for access to documents during this week:

1. "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. - draft model administrative arrangement: administrative cooperation between EU and Supervisory Authorities in third countries”
2. "documents, preparatory documents, and supervisory authority comments which relate to agenda item 3.6.3 of the 58th EDPB meeting held on 14 December 2021"
3. "documents which contain the following information: The draft of letter OUT2021-0119 containing one "sentence underlined in yellow regarding the powers of SAs regarding already validly concluded international agreements" and discussed in the plenary meeting on 7 July 2021. This draft is referenced in this EDPB document: https://www.asktheeu.org/en/request/1008... Any associated documents (including written comments, forum posts, edits to wikis, etc.) containing discussion or commentary would also be responsive to this request."
4. "documents which contain the following information: The information requested is referenced in Document 41 of a prior request registered under 2021/33. In that July 2021 document, EDPB members are encouraged to share information on Confluence regarding FATCA. ("take note of the developments reported by some SAs on FATCA and encourage the sharing of such information at EDPB level through a forum created on Confluence") In the event that any of Confluence/Forum information has already been evaluated for disclosure in the 2021/33 request, please note that it has been & which document number it relates to, as this will avoid unnecessary duplicate work. Please note that forum / wiki / comment postings are reasonably considered to be digital documents. If the EDPB disagrees, please clearly note that in the response.".

While it is your right under Regulation 1049/2001 to request access to all those documents, at the moment the EDPB Secretariat does not have the resources to handle all of these requests at the same time (also taking into account other requests for access to documents submitted by other applicants), within the legal deadlines foreseen in Regulation 1049/2001.

Therefore, we would like to propose to handle them in two phases: first, we would handle your requests from 13 December (in this context, we will shortly send you, in separate emails, requests for clarification). As regards the other two requests, we kindly propose that they be registered at a later stage, in order to allow us sufficient time to identify and assess the documents in scope of those requests.

Please let us know if you agree with this proposal and whether you have any questions. We thank you in advance for your understanding and response to this request.

Kind regards

EDPB Secretariat

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Dear European Data Protection Board,

Thank you for the transparency regarding resource limitations and processing times. From my end, I also note that the holiday season generally makes scheduling and resource planning particularly complicated.

While I agree that splitting the handling of the document requests is appropriate, it would be preferable if we instead processed them in the order opposite what you suggested:

To be processed according to the date received: Request #3 and Request #4. This also provides a slightly longer processing window for the EDPB Secretariat to work with.

To be processed at a later date, which I propose to be according to a date of registration of January 15th: Request #1 and Request #2.

I will also note that for the sake of request tracking, it is best if we can avoid grouping discussion of the four requests into a single email, and all correspondence is kept on each request's respective thread.

Yours sincerely,
Nicholas Lee

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

Dear Mr. Lee,

Thank you very much for your reply, and also for your understanding.

We will register both of the requests you asked to be prioritised today.

As regards your other two requests, we have just sent responses to clarify our earlier message and with a proposed way forward.

We would like to inform you that the EDPB Secretariat will be closed due to public holidays from 23 December to 2 January included.

Kind regards

The EDPB Secretariat

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

Dear Mr. Lee,

We confirm registration of your access to documents request and registered it today under reference 2021/39. Please use this reference for further correspondence.

We are currently assessing your request and will provide you with a reply within 15 working days (18/01/2022).

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

1 Attachment

Dear Mr. Lee,

 

Please find enclosed the reply to your request for access to documents
(ref. 2021-39) signed by Mr Ventsislav Karadjov, Vice-Chair of the EDPB.

 

Best regards,

The EDPB Secretariat

 

Nicholas Lee a laissé une remarque ()

EDPB notes that the information does not exist because the agenda point was never followed up on.