Request for Privacy Shield Records

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Dear Communications Networks, Content and Technology,

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 request all reports, correspondence, and memorandum on the Privacy Shield framework. I would like to you search for records from October 1, 2015 to the present.

I request to be provided these records free of charge, because it is in the public interest to release these records. If any part of this request is denied, I request to be informed of the decision and the reason why.

Thank you,

Rachael Tackett

Réseaux de communication, contenu et technologies

1 Attachment

Dear Ms Tackett,
 
Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/...
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

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Dear Communications Networks, Content and Technology,

I demand a complete copy of these "procedural requirements", which you claim I have not fulfilled.

On what legal basis does your office believe it has the authority to require my postal address before registering a public records request? I demand to know the specific law or court decision you believe provides you with this authority.

Thank you,

Rachael Tackett

Réseaux de communication, contenu et technologies

Dear Ms Tackett,

With respect to your questions regarding the provision of a postal address (copied below), please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. Indeed, as foreseen by Article 297 of the Treaty on the Functioning of the European Union (TFEU), […] decisions which specify to whom they are addressed, shall be notified to those to whom they are addressed and shall take effect upon such notification. Replies triggering the possibility for administrative or judicial redress are therefore transmitted via registered mail with acknowledgement of receipt. This requires an indication of a valid postal address by the applicant;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation 45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the level of protection afforded by the third country or international organisation when transmitting personal data to third-country residents or legal persons. It follows that, in case of requests for documents which include personal data, the correct application of the data protection rules cannot be ensured in the absence of a postal address enabling the Commission to ascertain that the minimum data protection standards will be respected.

All of these considerations show that the request for and the consequent processing of a postal address is not only appropriate but also strictly necessary for the performance of a task carried out in the public interest within the meaning of Article 5 (a) of Data Protection Regulation 45/2001, namely providing a smooth and effective access to documents.

The Commission has been applying this approach since 1 April 2014, because of numerous problems encountered by the Commission in its previous practice (legal uncertainty, false identities used etc.). We also would like to point out that other institutions, such as the Court of Justice, already ask for the address in their respective electronic forms for access to documents requests.

We therefore kindly reiterate our request to you to provide a full postal address, so we can duly register and handle your request. Please note that, once we receive your postal address, we will register your request for access as an initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of registration of your request following the submission of your postal address.

Thank you in advance.

Kind regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

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Dear Communications Networks, Content and Technology,

I have completed the form [1] including my postal address.

I ask that my request for documents be promptly registered. In addition, I ask for confirmation that my request for documents has been registered, including the date the request was registered.

Thank you,

Rachael Tackett

[1] Link provided in previous email for completion, including postal address.
http://ec.europa.eu/transparency/regdoc/...

Réseaux de communication, contenu et technologies

Ce message a été masqué. Plusieurs raisons peuvent expliquer ce phénomène, désolé de ne pouvoir vous en dire davantage ici. Merci de nous contacter si vous avez des questions. Si vous êtes l'auteur de la demande, connectez-vous pour voir le message.

Dear Communications Networks, Content and Technology,

I originally sent a request for access to public documents to DG CNECT (Communication networks, content, and technology) on February 17, 2017. From searching my records, the last time I see an email from your office is from February 22, 2017.

Is my request for access to public documents being processed? When will I receive access to the public documents?

Link to correspondence https://www.asktheeu.org/en/request/requ...

Yours faithfully,

Rachael Tackett

Réseaux de communication, contenu et technologies

1 Attachment

Dear Ms Tackett
 
Thank you for your email dated 05/07/2017,
 
Your request for access has not yet been registered and processed, as you
have not yet provided us with your postal address.
 
As explained in the email of 21/02/2017,  the postal address became a
mandatory feature for the purpose of introducing a request for access to
documents.
 
In order for your request to be registered by the Commission, we kindly
reiterate our request to provide us with your postal address.
 
Kind regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 
 
 

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Dear Communications Networks, Content and Technology,

I did provide your office with my postal address. I am using the AsktheEU.org website where emails are published online, but the email from your office on February 22, 2017 which confirms that I sent you my postal address, has been hidden from public view due to privacy concerns. The email your office sent on February 22, 2017 included a confirmation that I submitted my postal address and the request was registered as GestDem 2017/1069.

What is the status of my request GestDem 2017/1069? When will I receive public documents for my request GestDem 2017/1069?

Yours faithfully,

Rachael Tackett