Information on international transfers/TIAs following Schrems-II

Alexander Fanta a fait une demande de Accès à l'information à Délégué à la protection des données

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

La demande a été rejetée par Délégué à la protection des données.

Dear Data Protection Officer,

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 documents containing information provided to the European Data Protection Supervisor by the Commission on international data transfers following the "EDPS Strategy for EUIs to comply with the 'Schrems II' ruling". The EDPS noted such information was provided by EU institutions in a blog post on December 11, 2020: https://edps.europa.eu/press-publication...

- The Transfer Impact Assessments (TIAs) carried out by the European Commission following the "Strategy for Union institutions, offices, bodies and agencies to comply with the ‘Schrems II’ Ruling", as published by the EDPS on October 29, 2020.

- Any documents regarding data protection aspects of the Commission's own activities on Facebook, including the page accessible at facebook.com/EuropeanCommission/

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles

ve_sg.accessdoc (SG), Délégué à la protection des données

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Your access to documents request - Information on international
transfers/TIAs following Schrems-II - GESTDEM 2021/2765 -
Ares(2021)2840285

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

 

Thank you for your e-mail of 23 April 2021. We hereby acknowledge receipt
of your application for access to documents, which was registered on
28/04/2021 under reference number GESTDEM 2021/2765.

 

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 21 May 2021. In case this time limit needs
to be extended, you will be informed in due course.

 

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union.

Therefore, the European Commission cannot be held accountable for any
technical issues or problems linked to the use of this system.

 

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.

For further information on your rights, please refer to the third party’s
privacy policy.

 

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

 

For information on how we process your personal data visit our page
[6]Privacy statement - access to documents.

 

Yours faithfully,

 

 

 

ACCESS TO DOCUMENTS TEAM (IC)

European Commission

Secretariat-General

SG.C1

[7][email address]

 

[8]cid:image001.gif@01D46531.06A8B6B0

 

 

 

 

Afficher les sections citées

RASMUSSEN Niels Bertil, Délégué à la protection des données

Dear Sir,

Subject: Your application for access to documents – GESTDEM 2021/2765

We refer to your e-mail of 23 April 2021 in which you make a request for access to documents, registered on 28 April 2021 under the above mentioned reference number.

Your application is currently being handled. However, we will not be in a position to complete the handling of your application within the time limit of 15 working days, which expires on 21 May 2021.

An extended time limit is needed as the application concerns several documents with very extensive annexes to which the majority of Services of the Commission has contributed by consequence of which all of these Services must be consulted.

Therefore, we have to extend the time limit with 15 working days in accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding public access to documents. The new time limit expires on 15 June 2021.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

Niels Bertil Rasmussen
Deputy Data Protection Officer

______________________

European Commission
Data Protection Office

CHAR 2/70
+32 229 58248
[email address]
B-1049 Brussels/Belgium

Afficher les sections citées

RASMUSSEN Niels Bertil, Délégué à la protection des données

2 Attachments

Dear Alexander Fanta,

 

Please find enclosed the reply to your request for access to document
received on 23 April 2021 and registered on 28 April 2021 under the
above-mentioned registration number.

 

Due to the covid situation, we send the reply by email and kindly ask for
your express acknowledgement of receipt.

 

I thank you for your understanding

 

Yours sincerely,

 

 

Niels Bertil Rasmussen

Deputy Data Protection Officer

 

______________________

[1]cid:image001.png@01CE9A6B.E79C4740

European Commission
Data Protection Office

 

CHAR 2/70

+32 229 58248

[2][email address]

B-1049 Brussels/Belgium

 

References

Visible links
2. mailto:[email address]

Alexander Fanta

Dear Data Protection Officer,

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 'Information on international transfers/TIAs following Schrems-II'.

In my request, I asked for information provided to the European Data Protection Supervisor by the Commission on international data transfers. This request was denied under Article 4(3), which states that disclosure should be refused if it would seriously undermine the institution's decision-making process. The reply I received stated that disclosure would "undermine the protection of the purpose of the ongoing investigation", but it failed in my view to provide sufficient reasoning for this assessment. Why would disclosure undermine the protection of the purpose of the investigation?

In the De Capitani v. Parliament ruling (T-540/15), the General Court clearly found that the institution must show that it is reasonably foreseeable (and not purely hypothetical) that access would undermine, specifically and actually, the decision-making process of the EU institutions. The Court also noted in Access Info Europe v. Council of the European Union (T‑233/09) that all exceptions in Article 4 of Regulation No. 1049/2001 must be strictly applied because the public right of access to the documents of the institutions is connected with the democratic nature of those institutions and the the purpose of the Regulation is to give the public the widest possible right of access. I therefore ask to reconsider the decision and also take into account that my request is made in my role as a journalist, in which I serve as a "social watchdog" as pointed out in rulings of the European Court of Human Rights.

Yours faithfully,

Alexander Fanta
netzpolitik.org
Rue de la Loi 155
1040 Bruxelles

Dear RASMUSSEN Niels Bertil,

I have not received an acknowledgement of my confirmatory application. Please let me know if you have received it.

Yours sincerely,

Alexander Fanta

SG ACCES DOCUMENTS, Délégué à la protection des données

Dear Sir,

Thank you for your email dated 21/06/2021 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by the
DATA PROTECTION OFFICER  in reply to your initial application GESTDEM
2021/2765.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 03/07/2021 (Ares(2021)4339052).

Your application will be handled within 15 working days (27/07/2021). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Access to documents team (cr)
SG.C.1
Transparency

Afficher les sections citées

SG ACCES DOCUMENTS, Délégué à la protection des données

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2021/2765 - 1st holding letter -
Ares(2021)4797485  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Fanta,

 

I refer to your email of 21 June 2021, registered on 3 July 2021, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference number above.

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision. Therefore, we
are not in a position to reply to your confirmatory request within the
prescribed time limit which expires on 27 July 2021. Consequently, we have
to extend this period by another 15 working days in accordance with
Article 8(2) of Regulation (EC) No 1049/2001. The new deadline expires on
17 August 2021. However, I can assure you that we are doing our utmost to
provide you with a final reply within the next 15 working days.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

 

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

SG.C.1 (Transparency, Document Management and Access to Documents)

References

Visible links
1. file:///tmp/cid:filelist.xml@01D782D1.18225D40
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

SG ACCES DOCUMENTS, Délégué à la protection des données

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]GESTDEM 2021-2765 - 2nd holding letter - Ares(2021)5141350  (Please use
this link only if you are an Ares user – Svp, utilisez ce lien
exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Fanta,

 

I refer to your email of 21 June 2021, registered on 3 July 2021, by which
you submit a confirmatory application in accordance with Article 7(2) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference number above.

 

I also refer to our holding reply of 27 July 2021, by which the time limit
for replying to your confirmatory application was extended by 15 working
days, pursuant to Article 8(2) of Regulation 1049/2001. This extended time
limit expires on 17 August 2021.

 

I regret to have to inform you that we are not able to respond within the
extended time-limit, as we have not yet finalised internal consultations.
I can assure you that we are doing our utmost to provide you with a final
reply as soon as possible.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7934E.496D9710
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

SG-GREFFE-CERTIFICATION@ec.europa.eu, Délégué à la protection des données

2 Attachments

Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2021)7322, as adopted by the European Commission on 4.10.2021.
 
 
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached documents by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 

References

Visible links
1. mailto:[email address]

SG-GREFFE-CERTIFICATION@ec.europa.eu, Délégué à la protection des données

1 Attachment

Dear Mr Fanta,
 
While checking our records, and unless we are mistaken, we have not
received your confirmation of receipt to the message below addressed to
your on the 5.10.2021.
 
Could you please check and confirm the receipt of the message as well as
the attached document?
 
Many thanks in advance for your help.
 
Kind regards,
Oana Boldis
 
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [1][email address]
 
 
_____________________________________________
From: BOLDIS Oana (SG) On Behalf Of SG GREFFE CERTIFICATION
Sent: Tuesday, October 5, 2021 4:19 PM
To: '[FOI #9369 email]'
<[FOI #9369 email]>
Cc: BEVIERE Chantal (SG) <[email address]>; SG DOSSIERS ACCES
<[email address]>
Subject: C(2021)7322
Importance: High
 
 
Dear Mr Fanta,
 
Please find attached the electronic version of Commission Decision
C(2021)7322, as adopted by the European Commission on 4.10.2021.
 
 
<< File: 1_EN_ACT_part1_v2.pdf >>
Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.
 
Please confirm receipt of the attached documents by return e-mail.
 
Kind regards,
Oana Boldis
 
European Commission
Secretariat General
SG.B.2 - Written, Empowerment & Delegation Procedures
Tel. +32 2 29 71829
Email [2][email address]
 
 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear [email address],

I can confirm.

Yours sincerely,

Alexander Fanta