Audited Descriptions of Consumer Profiling Techniques provided to the EDPB pursuant to Art. 15 Digital Markets Act (DMA)
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:
1. The 'Audited Descriptions of Consumer Profiling Techniques provided to the EDPB pursuant to Art. 15 Digital Markets Act (DMA)' referred to at agenda discussion point B.2.1 during the 98th EDPB meeting of November 4, 2024 (https://www.edpb.europa.eu/system/files/...).
2. Any materials, documents, letters, memos, meeting minutes, reports, briefings or analysis, pertaining to the 'audited descriptions' which were discussed during the meeting or circulated to attendees before or after the meeting.
Yours faithfully,
Olga Cronin
Dear Sir/Madam,
Thank you for your message and for your interest in data protection.
We will look into your request and get back to you within due time.
Kind regards,
The EDPB Secretariat
Dear correspondent,
Thank you for your email.
Following a preliminary assessment based on your request, the EDPB would
incur a disproportionate workload in order to carry out the assessment of
the documents potentially in scope of your request, based on the
information you have provided in your message below.
In this respect, Article 6(3) of Regulation (EC) No 1049/2001 regarding
public access to documents also provides for a possibility to confer with
an applicant informally with a view to finding a fair solution when an
application relates to a very long document or concerns a very large
number of documents.
According to the case law this fair solution cannot allow the time-limits
laid down by Regulation No 1049/2001 to be changed [1]^[1].
In the light of above, we would kindly ask whether you could narrow down
the scope of your application in a way that would enable its processing
within the deadline provided in Article 7 of Regulation 1049/2001.
Please note that we identified the following documents within the scope of
your request:
Ø 1 documents for Alphabet of 553 pages;
Ø 2 documents for Amazon of 36 pages in total;
Ø 1 document for Apple of 46 pages;
Ø 1 document for ByteDance of 75 pages;
Ø 11 documents for Meta of about 110 pages in total ;
Ø 6 documents for Microsoft of about 110 pages in total;
Ø 2 EDPB documents of 15 pages in total .
Taking into account the complexity of the content and the need to consult
third parties from which the documents originated, in order to help you to
narrow down the scope, we would suggest you to choose one among these
categories:
1) 1 document for Alphabet;
2) 2 documents for Amazon, 1 document for Apple and 1 document for
ByteDance;
3) 11 documents for Meta, plus:
either 2 documents for Amazon, or
1 document for Apple, or
1 document for ByteDance
4) 6 documents for Microsoft, plus:
either 2 documents for Amazon, or
1 document for Apple, or
1 document for ByteDance
5) 2 EDPB documents, plus:
either 2 documents for Amazon, or
1 document for Apple, or
1 document for ByteDance, or
11 documents for Meta, or
6 documents for Microsoft.
We hope the proposed fair solution is acceptable for you, and kindly ask
you to let us know which one of the five categories suggested above you
choose. Please note that this request will be considered closed if no
reply is received within 15 working days. Of course, this does not prevent
you from making another request at any stage in the future.
Thank you for your cooperation.
Kind regards,
EDPB Secretariat
^[1] Judgment of the Court of Justice of the European Union of 2 October
2014, in case C-127/13, Strack v European Commission, paragraphs 26-28,
EU:C:2014:2250.
────────────────────────
[2][1] Judgment of the Court of Justice of 2 October 2014, Strack v
European Commission,
C-127/13, EU:C:2014:2250, paragraphs 26-28.
References
Visible links
1. file:///tmp/foiextract20241202-3431717-5lbucb#_ftn1
2. file:///tmp/foiextract20241202-3431717-5lbucb#_ftnref1
Dear European Data Protection Board,
Thank you.
I'd like to choose Option 5, i.e:
2 EDPB documents, plus 6 documents for Microsoft.
Yours sincerely,
Olga Cronin
Dear Sir/Madam,
Thank you for your message and for your interest in data protection.
We will look into your request and get back to you within due time.
Kind regards,
The EDPB Secretariat
Dear correspondent,
We received yesterday, in addition to your choice of the category that we identified in our fair solution proposal, a request from another applicant specifically requesting the Alphabet report.
Given the synchronicity of this request and of the fair solution we agreed upon and given that the applicant referred to the fair solution proposal, we wonder if you and the other applicant aren't from the same organisation, - in which case, that would be an attempt to circumvent the fair solution we agreed. In the affirmative, we kindly ask that you and the other applicant choose which of the two requests we should process and which should be withdrawn.
Please note that your request will be considered closed if no reply is received within 15 working days which of the two you want to withdraw.
Thank you for your cooperation.
Kind regards,
EDPB Secretariat
Dear colleagues,
Thank you. Please respond to my request. I note that the other request has been withdrawn.
The concept of openness, enshrined in EU Law in the Amsterdam Treaty and confirmed in the Treaty of Lisbon, must apply to the profiling of consumers, and to any related examination by the EDPB. There is a clear and overriding public interest in disclosure of the consumer profiling reports. That interest is recognised in the role envisaged for civil society in the DMA’s provision on an implementing act on consumer profiling reports at in Article 46(1)(g) and Recital 72.
Therefore, I request the fullest access to these documents.
Yours faithfully
Olga Cronin
Dear correspondent,
We confirm registration of your access to documents request with the scope of the fair solution we agreed upon and we registered it today under reference 2024-37. Please use this reference for further correspondence.
We are currently assessing your request and will provide you with a reply within 15 working days (7/1/2025).
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: 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
Dear European Data Protection Board,
I am looking forward to your response by January 7, 2025.
Yours sincerely,
Olga Cronin
Dear Sir/Madam,
Thank you for your message and for your interest in data protection.
We will look into your request and get back to you within due time.
Kind regards,
The EDPB Secretariat
Dear correspondent,
Since your request was registered, the EDPS decided to exceptionally close on 20 December 2024. This decision also applies to the EDPB. The legal deadline of your request 2024-37 has to be updated in light of this development.
The new deadline is therefore 8/1/2025.
Sorry for any inconvenience this might cause.
Best regards,
The EDPB Secretariat
Dear European Data Protection Board,
I am looking forward to your response by January 8, 2025.
Yours sincerely,
Olga Cronin
Dear correspondent,
Thank you for your message and for your interest in data protection. We
will look into your request and get back to you within due time.
Kind regards,
The EDPB Secretariat
Dear correspondent,
We refer to your request for access to documents, registered on 4/12/2024
under reference number 2024-37.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today (8/1/2025).
An extended time limit is needed due to internal consultations and a
thorough analysis of your request.
Therefore, we have to extend the time limit for another 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new deadline expires on 29/1/2025.
We apologize for this delay and for any inconvenience this may cause.
Yours sincerely,
The EDPB Secretariat
On behalf of
Irene Loizidou-Nicolaidou, deputy chair of the EDPB
Dear European Data Protection Board,
I am looking forward to receiving the documents by January 29.
Yours sincerely,
Olga Cronin
Dear correspondent,
Please find enclosed the reply to your request for access to documents
(ref. 2024-37) signed by Ms Irene Loizidou-Nicolaidou, Vice-Chair of the
EDPB.
We kindly ask to confirm receipt of this email.
Best regards,
The EDPB Secretariat
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References
Visible links
3. mailto:[EDPB request email]
5. https://www.edpb.europa.eu/