Dear Human Resources and Security,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which relate to any article 16, article 12B and article 40 (staff regulations) applications made by Anna Zizola, former employee at DG Migration and Home.

In particular, I request a note of all Ms. Zizola's job titles including dates held; copies of any application(s) that he has made under article 12b, 16 and 40 to undertake a new professional activity; and all documents (correspondence, emails, meeting notes etc) related to the authorisation of the new role or roles.

Yours faithfully,

Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles

Dear Human Resources and Security,

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 'Anna Zizola employment authorisation'.

First, I would like to note that I made the request in my role as a journalist, and in the interest of public scrutiny of a so-called revolving door move. I note that the European Ombudsman conducted a strategic inquiry on such moves (OI/1/2021/KR). The Ombudsman suggested that the Commission makes public in a more timely way information on all post-service activities of senior former staff members that it assesses. This would improve public scrutiny of these decisions, which is essential for monitoring purposes.

In another decision (case 1794/2019/OAM), the Ombudsman found that when "staff members leave the EU civil service to take up positions in the private sector, leading to so-called ‘revolving door’ situations, concerns regarding the inappropriate exploitation of a former public service role often arise. This is a challenge affecting many public administrations. Although such moves can be perceived as a normal part of professional life, they might lead to situations of possible conflicts of interest. Public scrutiny in this area is not only reasonable but also necessary in a democratic society. Allowing for proper public scrutiny increases citizens’ trust in and the legitimacy of the public administration."

I would also like to point out relevant case law of the European court. In Agapiou Joséphidès v Commission and EACEA (Case T-439/08), the court distinguished between two types of data, public data of persons acting in their professional capacity, and private data. The court considered that disclosure of the latter presented a risk to the protection of the privacy and integrity of the individual concerned. It follows that data of persons acting in their official capacity should not be considered covered by this exception.

Moreover, in ClientEarth and PAN Europe v EFSA (C‑615/13 P) the court found there is a right to transparency that should be weighed when considering the privacy exception under Article 4(1)(b) of Regulation 1049. The court clearly stated that the requirement for transparency may give grounds to transfer of data in the public interest.

In the present case, Ms Zizola herself made public her new professional role as public affairs lead at X (formerly Twitter) via her LinkedIn profile. Given the high amount of public scrutiny that the conduct of X is receiving at the moment, and the ongoing preliminary investigation into the compliance of the company with the Digital Services Act, I consider that there is a clear public interest in the appointment of a public affairs professional with internal knowledge of the European Commission, and a network among officials.

Therefore, I deem the conditions of Article 9(l)(b) of Regulation (EU) 2018/1725 for the transfer of data as fulfilled. I think that, inasmuch as my request comes in my role as a journalist and regarding a matter of public scrutiny, I consider there are no reasons to assume that the legitimate interests of the individuals concerned might be prejudiced, and the transfer is proportionate for the purpose put forward by the applicant.

Yours faithfully,

Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles