Database used to record entries at the EU
Dear European Agency for the Management of Operational Cooperation at the External Borders,
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:
The database that FRONTEX uses to record the number of people who enter in the EU.
Yours faithfully,
Alba Gutiérrez
Dear Ms Gutiérrez,
Thank you for your email and your interest in Frontex activities.
Before we proceed, could you please clarify your question? Are you asking
for the name of that database or some specific documents? This is in order
to verify if your email should be treated as a public access to documents
request or not.
Thank you
Kind regards,
Public Access to Documents Office
Administration Division
Tel: +48 22 205 9500
FRONTEX
[1]www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: [2]+48 22 205 9500 · Fax:
+48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.
From: Registration
Sent: 19 January 2016 16:08
To: PAD
Subject: access to information request - documents which contain the
Database used to record entries at the EU
Date: 19.01.2016 Reg.No: 1110
Responsible Organisation: Cc:
Remark: Deadline:
Remark for staff member:
Reference:
Best Regards,
[3]FNX_email_white_bcknd_256_safespace.gif
Plac Europejski 6
00-844 Warsaw, Poland
Tel. +48 22 205 95 00
Fax +48 22 205 95 01
[4]www.frontex.europa.eu
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by
Frontex, unless its contents clearly indicate otherwise. It is
intended solely for the use of the addressee(s). Any unauthorised
disclosure, use or dissemination, either in whole or in part, is
prohibited. If you have received this message in error, please notify
the sender immediately via e-mail and delete the e-mail from your
system.
Dear PAD,
Thank you for your answer. I hereby clarify my request for “The database that FRONTEX uses to record the number of people who enter in the EU”:
- I am interested in a copy of the entire database, exported in an open source or easily accessible format such as CSV, XLS and XML. I am happy to have any personal data (the names of the persons and other identifying data) redacted, in Accordance with Article 4 of Regulation 1049.
- I would like a copy of the instruction manual for the database and/or guidance given to Frontex staff and those working with the agency on how to complete the database
I am very happy to clarify further my request or to discuss the best format for provision of the data.
Thank you,
Yours sincerely,
Alba Gutiérrez
Dear Ms Gutiérrez,
Thank you for your clarification.
We would like to inform you that pursuant to Article 2(1) 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, the right of access to documents is granted to a citizen of the Union, and any natural or legal person residing or having its registered office in a Member State.
It is, thus, needed to confirm that you are invested in the right of access to the documents requested, that is ID card/passport/residence permit in EU/ registration in an EU Member State (legal persons). You may however refuse to provide the above mentioned document containing personal data; in that case, your request is not going to be processed.
After receiving the above mentioned documents, we will be able to start processing your request and will get back to you within 15 working days.
Please be informed of the following:
- The person responsible for controlling the personal data (Data controller) is the Head of Legal Affairs Unit
- The personal data is collected for the exclusive purpose of assessing the nationality of the applicant
- The recipients of the personal data are the 3 Frontex Staff members (Senior Legal Officer, Junior Lawyer and Legal Assistant) handling requests for public access for documents
- The personal data collected (that is, the document sent to the PAD mailbox) will be deleted as soon as the access for the request document(s) is granted or refused. In Frontex, this procedure takes no longer than 15 or 30 working days depending on the number/size of the requested documents. During the processing of your data, you have a right to access your data and rectify them if needed. You have a right to have recourse to the European Data Protection Supervisor.
Thank you very much for your understanding.
If you will have any questions, please do not hesitate to contact us.
Public Access to Documents Office
Administration Division
Tel: +48 22 205 9500
-------------------------------------------
FRONTEX
www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.
From: Alba Gutiérrez[SMTP:[email address]]
Sent: Monday, January 25, 2016 5:31:10 PM
To: PAD
Subject: RE: access to information request - documents which contain the Database used to record entries at the EU Auto forwarded by a Rule
Dear PAD,
Thank you for your answer. I hereby clarify my request for “The
database that FRONTEX uses to record the number of people who enter
in the EU”:
- I am interested in a copy of the entire database, exported in an
open source or easily accessible format such as CSV, XLS and XML. I
am happy to have any personal data (the names of the persons and
other identifying data) redacted, in Accordance with Article 4 of
Regulation 1049.
- I would like a copy of the instruction manual for the database
and/or guidance given to Frontex staff and those working with the
agency on how to complete the database
I am very happy to clarify further my request or to discuss the
best format for provision of the data.
Thank you,
Yours sincerely,
Alba Gutiérrez
Dear Ms Gutiérrez,
Please find enclosed our response to your request.
In case of any questions please do not hesitate to contact us.
Best regards,
Public Access to Documents Office
Corporate Governance
Tel: +48 22 205 9500
FRONTEX
[1]www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: [2]+48 22 205 9500 · Fax:
+48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.
References
Visible links
1. http://www.frontex.europa.eu/
2. file:///tmp/tel:%2B48%2022%20205%209500
Dear PAD,
I am submitting this message as a clarification to my request; however, given the fact that you refused it, I am happy to fill in a confirmatory application.
The definition of information in Regulation 1049/2001 is set out in Article 3: (a) "document" shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility.
Furthermore, in its 2008 reform proposal for Regulation 1049/2001, the Commission explicitly said that: “data contained in electronic storage, processing and retrieval systems are documents if they can be extracted in the form of a printout or electronic-format copy using the available tools for the exploitation of the system”
So in that respect, what I want is access to the data about people entries at the EU whatever format you have for the record of the numbers. I would like to know how Frontex stores the information and how it can be extracted and given to me.
I also would like a copy of the instruction manual for the record of the data and/or guidance given to Frontex staff and those working with the agency on how to record it.
Yours sincerely,
Alba Gutiérrez
Dear Ms Gutiérrez,
Thank you for your email.
As your request falls under the regime of Regulation (EC) No 1049/2001, we
will now forward your application to the responsible Unit and get back to
you within 15 working days.
In the meantime, should you have any questions regarding your request or
public access to documents process, please do not hesitate to contact us.
Kind regards,
Public Access to Documents Office
Corporate Governance Division
Tel: +48 22 205 9500
FRONTEX
[1]www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: [2]+48 22 205 9500 · Fax:
+48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by Frontex,
unless its contents clearly indicate otherwise. It is intended solely for
the use of the addressee(s). Any unauthorised disclosure, use or
dissemination, either in whole or in part, is prohibited. If you have
received this message in error, please notify the sender immediately via
e-mail and delete the e-mail from your system.
Date: 04.02.2016 Reg.No: 1110b
Responsible Organisation: Cc:
Remark: Deadline:
Remark for staff member:
Reference:
Best Regards
[3]FNX_email_white_bcknd_256_safespace.gif
Plac Europejski 6
00-844 Warsaw, Poland
Tel. +48 22 205 95 00
Fax +48 22 205 95 01
[4]www.frontex.europa.eu
DISCLAIMER: This e-mail message, including any attachments, cannot be
construed as automatically constituting any form of commitment by
Frontex, unless its contents clearly indicate otherwise. It is
intended solely for the use of the addressee(s). Any unauthorised
disclosure, use or dissemination, either in whole or in part, is
prohibited. If you have received this message in error, please notify
the sender immediately via e-mail and delete the e-mail from your
system.
-------------------------------------------
From: Alba Gutiérrez[[5]SMTP:[email address]]
Sent: Thursday, February 04, 2016 1:04:28 PM
To: PAD
Subject: RE: ID for access to information request Auto forwarded by a Rule
Dear PAD,
I am submitting this message as a clarification to my request;
however, given the fact that you refused it, I am happy to fill in
a confirmatory application.
The definition of information in Regulation 1049/2001 is set out in
Article 3: (a) "document" shall mean any content whatever its
medium (written on paper or stored in electronic form or as a
sound, visual or audiovisual recording) concerning a matter
relating to the policies, activities and decisions falling within
the institution's sphere of responsibility.
Furthermore, in its 2008 reform proposal for Regulation 1049/2001,
the Commission explicitly said that: “data contained in electronic
storage, processing and retrieval systems are documents if they can
be extracted in the form of a printout or electronic-format copy
using the available tools for the exploitation of the system”
So in that respect, what I want is access to the data about people
entries at the EU whatever format you have for the record of the
numbers. I would like to know how Frontex stores the information
and how it can be extracted and given to me.
I also would like a copy of the instruction manual for the record
of the data and/or guidance given to Frontex staff and those
working with the agency on how to record it.
Yours sincerely,
Alba Gutiérrez
Dear Mrs Gutierrez
In the course of processing your confirmatory application, PAD office has to interpret what is your actual request ( " access to the data about people entries at the EU" ). "Entries at the EU" are understood as entries of persons (EU citizens and Third Country Nationals) through a border crossing point (at air, sea and land external borders of the Members States). Please be aware that Frontex does not process this data.
Frontex is in the possession of data of persons detected trying to illegally cross the external borders of the Member States. Please note that Frontex uses data on legal border crossing points (such as used in last AFIC Report 2015) originated by Eurostat.
Furthermore, please clarify whether your request refers to a specific period of time.
In light of the above, and in order to handle your request in an appropriate way, we kindly ask you to clarify your confirmatory application.
Best regards
FRONTEX
www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.
Dear PAD,
Thank you for your email. I would like to clarify that previously I made a clarification to my request and not a confirmatory application. Hereby I would like to clarify the information I´m requesting:
- I would like to have access to the databases used and maintained by the Frontex Risk Analysis Network (FRAN) and Joint Operations Reporting Application (JORA). This data has been used in the AFIC Report 2015 and I would like to know where the data in the report comes from and have access to this/these source ´document(s)´/database(s).
- I would like a copy of the instruction manual for the database and/or guidance given to Frontex staff and those working with the agency on how to complete the database.
- I would like to have the data from January to December 2015.
- It would be useful to know what ´fields´ are used to record data in these databases as I am particularly interested in (but not limited to) the data related to irregular migration, such as the number of persons detected trying to illegally cross the external borders of the Member States.
- Where possible, I would like this in an open source or easily accessible format such as CSV, XLS and XML.
Thank you,
Yours sincerely,
Alba Gutiérrez
Dear Ms Gutierrez,
Thank you for this clarification.
To ensure we are on the same page, please note that:
- JORA is the Joint Operations Reporting Application. This is limited to information reported from Frontex Joint Operations.
- FRAN is the Frontex Risk Analysis Network. This is not a database but a network through which Frontex and the EU countries share intelligence. The database supporting it is ICONet, that is, the Information and Co-ordination Network for Member States' Migration Management Services. Information into this database is uploaded by the Member States.
With this in mind, and if you agree, we will start processing your application and consider requests for:
1. The instruction manuals (or other guidance) for JORA and ICONet
2. Data from the year 2015 on persons detected trying to illegally cross the external from the 'broader' database ICONET with the information breakdown by the existing "fields". Please be aware that the data uploaded is property of the Member States and that Frontex may only disclose the information with authorization from the data owners.
Do you agree to our above understanding?
Thank you
Kind regards,
Dear PAD,
Thank you for your email. I agree you start processing my application within the terms and understanding that you stated in you previous email.
Yours sincerely,
Alba Gutiérrez
Dear Ms Gutierrez,
Please find enclosed our response together with the relevant documents. We hope you will find them useful.
In case of any questions please do not hesitate to contact us.
Best regards,
Public Access to Documents Office
Corporate Governance
Tel: +48 22 205 9500
-------------------------------------------
FRONTEX
www.frontex.europa.eu
Plac Europejski 6, 00-844 Warsaw, Poland · Tel: +48 22 205 9500 · Fax: +48 22 205 9501
DISCLAIMER: This e-mail message, including any attachments, cannot be construed as automatically constituting any form of commitment by Frontex, unless its contents clearly indicate otherwise. It is intended solely for the use of the addressee(s). Any unauthorised disclosure, use or dissemination, either in whole or in part, is prohibited. If you have received this message in error, please notify the sender immediately via e-mail and delete the e-mail from your system.
From: Alba Gutiérrez[SMTP:[email address]]
Sent: Thursday, February 25, 2016 11:33:21 AM
To: PAD
Subject: RE: ID for access to information request Auto forwarded by a Rule
Dear PAD,
Thank you for your email. I agree you start processing my
application within the terms and understanding that you stated in
you previous email.
Yours sincerely,
Alba Gutiérrez
Dear PAD,
Thank you for your response. I have found it very useful. I would like to make a clarification to the information requested about JORA.
I understand that information about JORA instructions manual might be sensitive for public security reasons. Currently, I am not interested in the instructions on technical information about JORA, rather I am interested to know just the fields that are used to record data in JORA as related to irregular migration and refugees. In this respect I am looking for information on the fields similar to that which you already provided in the FRAN instructions manual, namely: nationality, illegal border-crossing purpose, reasons for refusal, total number, internal protection applications, etc).
I have also notice that the information provided in the “Updated guidelines for FRAN template1.pdf” contains more information and instructions about how to fill in the tables than the documents that Slovakia and Lithuania provided in the documents "SVK 2015.7z" and "LTU 2015.7z."
Please do not hesitate to contact me if this request is not sufficiently clear.
Thank you
Yours sincerely,
Alba Gutiérrez