Ref. Ares(2022)4518961 - 20/06/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
The Director
Brussels
SG.D.1/HZ
Nienke Palstra
Global Witness
Rue Belliard 53
1000 Bruxelles
Belgium
By email: ask+request-11316-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/3056
Dear Madam,
We refer to your e-mail dated 24 May 2022 in which you make a request for access to all
documents related to the meeting on 10 March 2022 between Werner Stengg and
Facebook Ireland Limited. We have identified two documents related to your request:
Document 1: Report on call between W. Stengg and Meta, 10 March 2022
Document 2: Email exchange “Transatlantic data flows agreement”, 23 – 28
February 2022
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I have come to the conclusion that the
documents may be partially disclosed. Full disclosure is prevented by the exception
concerning the protection of privacy and the integrity of the individual outlined in Article
4(1)(b) of Regulation (EC) No 1049/2001, because the documents contain:
-
the names and contact details of Commission staff members not pertaining to the
senior management or Cabinets; and
-
the names and contact details of other natural persons.
Article 9(1)(b) of the Regulation (EU) 2018/1725 on the protection of natural persons with
regard to the processing of personal data by the Union institutions, bodies, offices and
agencies does not allow the transmission of these personal data, except if you prove that it is
necessary to have the data transmitted to you for a specific purpose in the public interest and
where there is no reason to assume that the legitimate interests of the data subject might be
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BERL 06/169 - Office: BERL 06/169Tel. direct line +32 229-83855
xxxxx.xxxxxx@xx.xxxxxx.xx
prejudiced. In your request, you do not express any particular interest to have access to these
personal data nor do you argue to have the data transmitted for a specific purpose in the
public interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access to that personal data for a purpose in the public
interest has not been substantiated and there is no reason to think that the legitimate interests
of the individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
Please note that document 1 was drawn up for internal use under the responsibility of the
relevant author. It solely reflects the author's interpretation of the interventions made and
does not set out any official position of the third parties to which the document refers, which
was not consulted on its content. It does not reflect the position of the Commission and
cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours faithfully,
Elisa ROLLER
Enclosure:
See listed document
2
Electronically signed on 17/06/2022 19:56 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
