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:

All correspondence between members of the EDPB on questions regarding TikTok’s main establishment under the one-stop-shop mechanism.

Yours faithfully,

Samuel Stolton
Politico
Rue de la Loi 62
Brussels

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

Dear Mr. Stolton,

 

Thank you for your emails of 06.08.2022, in which you made five separate
requests for access to documents as follows:

 

1.       All correspondence between members of the EDPB on questions
regarding TikTok’s main establishment under the one-stop-shop mechanism.

 

2.       All correspondence between members of the EDPB exploring possible
roles for the U.K. Information Commissioner’s Office at the EDPB,
especially after ICO head John Edwards said it was “regrettable” that the
ICO no longer has a seat at the regulator grouping in June.
[1]https://ico.org.uk/about-the-ico/media-c...

 

3.       All correspondence during 2021 and 2022 between members of the
EDPB on the topic of the European Data Protection Supervisor’s conference
in June 2022 entitled “Effective enforcement in the digital world”

 

4.       All internal correspondence at DG JUST, as well as between DG
JUST and Ursula von der Leyen and her Team, from March 21 2022 to April 8
2022 regarding negotiations and announcement on a data flows pact between
the EU and the US known as the Trans-Atlantic Data Privacy Framework.

 

5.       All correspondence between the European Commission and the UK
government in 2022 regarding the UK’s reform to its data protection
framework.

 

As regards your first request, we understand that your request refers to
correspondence between the EDPB members regarding the determination of
TikTok's main establishment.

 

As regards your second request, we understand that your request refers to
correspondence between the EDPB members exploring possible roles for the
U.K. Information Commissioner’s Office at the EDPB as of the date of the
article you shared via the link above (i.e. 24/05/2022).

 

As regards your fourth and fifth requests, given that you are referring to
internal correspondence within the European Commission, as well as
correspondence between the European Commission and the UK government, it
is our understanding that this request should rather be addressed to the
European Commission. Information on how to access documents of the
European Commission can be found here:
[2]https://ec.europa.eu/info/about-european...

 

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 will handle your requests consecutively and once we have
replied to one of your requests, we will proceed with registering the next
one. We will handle your requests in the order received (as indicated
above, 1-3), unless you indicate a different priority.

 

In case you wish to indicate a different priority, please inform us before
this Friday, 12 August end of business. In the absence of a response, we
will proceed with handling the requests in the order mentioned above.

 

We remain available in case of any questions.

 

Best regards

 

EDPB Secretariat

 

 

 

 

 

References

Visible links
1. https://ico.org.uk/about-the-ico/media-c...
2. https://ec.europa.eu/info/about-european...

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

Dear Mr. Stolton,

 

We confirm registration of your access to documents request and registered
it today under reference 2022/53. Please use this reference for further
correspondence. Referring to our email below of 9 August, and in the
absence of a response, we will handle your requests consecutively, in the
order mentioned in our email below. The request registered as 2022/53 is
therefore - All correspondence between members of the EDPB on questions
regarding the determination of TikTok’s main establishment under the
one-stop-shop mechanism.

 

We are currently assessing your request and will provide you with a reply
within 15 working days (06/09/2022).

 

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: [1]https://edpb.europa.eu/edpb-specific-pri....

 

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

 

Best regards,

 

The EDPB Secretariat

 

 

From: European Data Protection Board <[EDPB request email]>
Sent: 09 August 2022 14:32
To: [FOI #11678 email];
[email address];
[email address];
[email address];
[email address]
Cc: European Data Protection Board <[EDPB request email]>
Subject: Your requests for access to documents

 

Dear Mr. Stolton,

 

Thank you for your emails of 06.08.2022, in which you made five separate
requests for access to documents as follows:

 

1.       All correspondence between members of the EDPB on questions
regarding TikTok’s main establishment under the one-stop-shop mechanism.

 

2.       All correspondence between members of the EDPB exploring possible
roles for the U.K. Information Commissioner’s Office at the EDPB,
especially after ICO head John Edwards said it was “regrettable” that the
ICO no longer has a seat at the regulator grouping in June.
[2]https://ico.org.uk/about-the-ico/media-c...

 

3.       All correspondence during 2021 and 2022 between members of the
EDPB on the topic of the European Data Protection Supervisor’s conference
in June 2022 entitled “Effective enforcement in the digital world”

 

4.       All internal correspondence at DG JUST, as well as between DG
JUST and Ursula von der Leyen and her Team, from March 21 2022 to April 8
2022 regarding negotiations and announcement on a data flows pact between
the EU and the US known as the Trans-Atlantic Data Privacy Framework.

 

5.       All correspondence between the European Commission and the UK
government in 2022 regarding the UK’s reform to its data protection
framework.

 

As regards your first request, we understand that your request refers to
correspondence between the EDPB members regarding the determination of
TikTok's main establishment.

 

As regards your second request, we understand that your request refers to
correspondence between the EDPB members exploring possible roles for the
U.K. Information Commissioner’s Office at the EDPB as of the date of the
article you shared via the link above (i.e. 24/05/2022).

 

As regards your fourth and fifth requests, given that you are referring to
internal correspondence within the European Commission, as well as
correspondence between the European Commission and the UK government, it
is our understanding that this request should rather be addressed to the
European Commission. Information on how to access documents of the
European Commission can be found here:
[3]https://ec.europa.eu/info/about-european...

 

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 will handle your requests consecutively and once we have
replied to one of your requests, we will proceed with registering the next
one. We will handle your requests in the order received (as indicated
above, 1-3), unless you indicate a different priority.

 

In case you wish to indicate a different priority, please inform us before
this Friday, 12 August end of business. In the absence of a response, we
will proceed with handling the requests in the order mentioned above.

 

We remain available in case of any questions.

 

Best regards

 

EDPB Secretariat

 

 

 

 

 

References

Visible links
1. https://edpb.europa.eu/edpb-specific-pri...
2. https://ico.org.uk/about-the-ico/media-c...
3. https://ec.europa.eu/info/about-european...

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

8 Attachments

Dear Mr. Stolton,

 

Please find attached a reply to your request for access to documents (ref.
2022/53), signed by Mr Ventsislav Karadjov, vice-Chair of the EDPB.

 

Sincerely,

The EDPB Secretariat

 

┌─────────────────────────────────────╥───────────────────────────────────────────────────────┐
│ ║European Data Protection Board │
│ ║ │
│ ║Postal address: Rue Wiertz 60, B-1047 Brussels │
│[1]cid:image001.png@01D42EFC.C1379A70║ │
│ ║Office address: Rue Montoyer 30, B-1000 Brussels │
│ ║ │
│ ║[2]cid:image003.png@01D42EFC.C1379A70 [3]edpb.europa.eu│
└─────────────────────────────────────╨───────────────────────────────────────────────────────┘

 

References

Visible links
3. https://www.edpb.europa.eu/

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

1 Attachment

Dear Mr. Stolton,

 

Please find attached a reply to your request for access to documents (ref.
2022/57), signed by Mr Ventsislav Karadjov, vice-Chair of the EDPB.

 

Sincerely,

The EDPB Secretariat