Annual Member States reports on detected online child sexual abuse
Dear Migration and Home Affairs,
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:
According to Article 8 of Regulation (EU) 2021/1232 Member States are obliged to submit reports on detected online child sexual abuse to the Commission by 3 August 2022 and on an annual basis thereafter. Please send me a copy of the annual reports from each Member State received by 3 August 2023 and by 3 August 2024 and any correspondence with a Member State in cases of missing or incomplete reports, preferably in electronic form.
Yours faithfully,
[Personally Identifiable Information removed]
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 20/09/2024 and registered on 20/09/2024 under case number 2024/4897.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that '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.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's 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(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Directorate-General for Migration and Home Affairs - Access to Documents
European Commission
References
Visible links
1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear Migration and Home Affairs,
last year I have send an almost identical request to you and you did not ask for a postal address, which means you either have it, or you don't need it.
https://www.asktheeu.org/en/request/memb...
I look forward to receive the requested documents in electronic form.
Yours faithfully,
[Personally Identifiable Information removed]
Dear Sir Herrmann,
This is the address that we found on our database : [Personally Identifiable Information removed] [Personally Identifiable Information removed]
Could you please confirm that this is still valid?
Thank you.
Kind regards,
HOME Access to documents
Dear [email address],
I did not enter an address for my last request and I do not acknowledge the need for a postal address, but since you have made the disclosure of my postal address mandatory for my current request, I hereby provide it to you for this case as follows:
[Personally Identifiable Information removed]
[Personally Identifiable Information removed]
[Personally Identifiable Information removed]
[Personally Identifiable Information removed]
However, I repeat my request that you send me the documents in electronic form.
Yours sincerely,
[Personally Identifiable Information removed]
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 20/09/2024 and registered on 25/09/2024 under the case number
2024/4897.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 16/10/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Directorate-General for Migration and Home Affairs - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Mr. Herrmann,
Please see attached the clarification request regarding your access to
documents request.
The 15 working days to reply to your request will start running only when
you reply to this message. If you do not reply within 7 working days, we
will close this case in line with our detailed rules for the application
of Regulation (EC) No 1049/2001.
Kind regards,
European Commission
Dear Migration and Home Affairs,
You asked me to be more specific about my request. I am happy to simplify my request as follows:
According to Article 8 of Regulation (EU) 2021/1232 Member States are obliged to submit reports on detected online child sexual abuse to the Commission by 3 August 2022 and on an annual basis thereafter. Please send me a copy of the reports received from each Member State after the first cut-off date 3 August 2022 and up to the present day as well as any correspondence with a Member State in cases of missing or incomplete reports, preferably in electronic form.
Yours faithfully,
[Personally Identifiable Information removed]
Hello,
We are writing concerning your request for access to Commission documents
registered on 20/09/2024 under case number EASE 2024/4897.
We are currently working on your request. However, we have not yet been
able to gather all the elements necessary to carry out a full analysis of
your request. We will not be able to send you the reply within the
prescribed time limit expiring on 28/10/2024.
Therefore, in line with Article 7(3) of [1]Regulation (EC) No 1049/2001,
we need to extend this time limit by 15 additional working days. The new
time limit expires on 19/11/2024.
We apologise for any inconvenience this may cause.
Kind regards,
European Commission
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear Mr. Herrmann,
Please find in the attached reply and documents corresponding to your
request.
Could you kindly confirm by responding to this email that you have well
received this email and the documents?
Kind regards,
European Commission
Dear Mr. Herrmann,
Please find in the attached reply and documents corresponding to your
request.
Could you kindly confirm by responding to this email that you have well
received this email and the documents?
Kind regards,
European Commission
Dear Mr. Herrmann,
Please find in the attached reply and documents corresponding to your
request.
Could you kindly confirm by responding to this email that you have well
received this email and the documents?
Kind regards,
European Commission
Dear Migration and Home Affairs,
I confirm receipt of the 15 reports/documents from 13 different Member States listed in your overview, two of which have different and/or unreadable document numbers:
- Your overview lists the document from Austria with number Ares(2024)7563874, but the document is marked with numbers Ares(2024)7565076 and Ares(2024)7985674
- Your overview lists the document from Czech Republic with number Ares(2024)7572028, but the number on the document is unreadable/redacted.
Apart from that, I note that 14 Member States have apparently not fulfilled their obligations and have not sent any current reports, not even from last year, and that apparently no action has yet been taken on the part of the European Commission to remind them to comply with these obligations.
If there are any clarifications to the documents from Austria and Czech Republic and/or correspondence to the 14 Member States not included, please submit them to me.
Yours faithfully,
[Personally Identifiable Information removed]