Ref. Ares(2022)6128035 - 05/09/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR MIGRATION AND HOME AFFAIRS
Directorate D – Internal Security
D.4 – Security in the Digital Age
Brussels
HOME.D.4/AP
Ms Nienke Palstra.
Global Witness,
Rue Belliard 53,
1000, Bruxelles,
Belgique
E:mail:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Your application for access to documents – GESTDEM 2022/4578
Dear Ms Palstra,
I refer to your email of 11 August 2022 in which you make a request for access to
documents, registered on 12 August 2022 the above-mentioned reference number.
You request access to “
All documents—including but not limited to correspondence,
emails, minutes, notes (hand written or electronic), audio or video recordings, verbatim
reports, operational conclusions, lines to take, briefings, and presentations—related to
the meeting on 2022-06-01 between Ylva Johansson and Meta Platforms Ireland Limited
and its various subsidiaries (f/k/a Facebook Ireland Limited)”. I have identified the following documents as falling within the scope of your application:
1) Report of the meeting that was held between the Cabinet of Commissioner Johansson
and representatives of Facebook on 01/06/2022, ref. Ares(2022)5349624;
2) Briefing - WeProtect Global Alliance Summit 2022 Bilaterals, ref. Ares (2022)5428895.
Having examined documents requested under the provisions of Regulation (EC) No
1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents (hereafter
‘Regulation 1049/2001”), I have come to the conclusion that the documents may be
disclosed.
However, parts of the documents relate to information that does not concern meetings
with the company concerned by your request or to previous exchanges. This information
is therefore out of scope of the request and has been redacted.
Moreover, a complete disclosure of the identified documents is prevented by the
exception concerning the protection of privacy and the integrity of the individual outlined
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
in Article 4(1)(b) of Regulation 1049/2001, because some of them contain the following
personal data:
-
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
-
the names/initials and contact details of other natural persons;
-
other information relating to an identified or identifiable natural person, such as
positions held in an organisation.
Article 9(1)(b) of the Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of such data 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
prejudiced. In your request, you do not express any particular interest to have access to
these personal data nor put forward arguments to establish the necessity 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 1049/2001, access
cannot be granted to the personal data contained in the requested documents, as the need to
obtain access thereto 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.
Regarding the disclosed summary record of the meeting, I wish to draw your attention to
the fact that this document was drawn up for internal use under the responsibility of the
relevant services of the Directorate-General for Home Affairs and Migration. It solely
reflects the author's interpretation of the interventions made and do not set out any
official position of the third party to which the document refers, which was not consulted
on its content. It does not reflect the position of the European Commission and cannot be
quoted as such.
You are entitled, in accordance with Article 7(2) of Regulation 1049/2001, to submit 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
2
Cathrin BAUER-BULST
Head of Unit
3
Electronically signed on 05/09/2022 11:09 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
