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GOVERNANCE AND INTERNAL COMPLIANCE UNIT
Alexander Fanta
by email only:
ask+request-14552-
xxxxxxxx@xxxxxxxx.xxx
Brussels, 24 May 2024
LP/tt/db D(2024) 1686 C 2024-0433
Please us
e xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx
for all correspondence
Subject: Your request for access to documents under Regulation (EC) 1049/20011
Dear Mr Fanta,
On 13.05.2024, you sent an access to documents request to the European Data Protection Supervisor
(“EDPS”) based on Regulation (EC) No 1049/2001. On the same day we sent you an acknowledgement
of receipt for your request also mentioning the deadline in accordance with Article 7(1) of Regulation
(EC) 1049/2001.
Your request for access to documents concerns “
any exchange with the European Data Protection
Office, a Belgian company, since 1 May 2018.”
After careful assessment of your request, we regret to inform you that the EDPS does not hold any
documents that would correspond to your request. Please note that in accordance with settled case
law of the Court of Justice of the European Union, Regulation No 1049/2001 applies only to existing
documents in the institution and that the EDPS is not under the obligation to create a document,
which does not exist, even if that document is based on information already appearing in existing
documents
2.
Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001, you may submit a
confirmatory application asking the EDPS to reconsider his position as regards the total or partial
refusal of your request. Such a confirmatory application should be submitted within 15 working days
upon receipt of this letter to the EDPS e-mail
: xxxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx .
Yours sincerely,
(E-Signed)
Luisa PALLA
Head of Unit
1 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 OJ L145/43
2 Judgment of the Court of 11 January 2017 in case C-491/15 P, Typke v Commission
Data Protection Notice
According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the Regulation) on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and
agencies and on the free movement of such data, we are processing your personal data, where
proportionate and necessary, for the purpose of answering your request. The legal base for this processing
operation is Regulation (EC) 1049/2001 and Article 52(4) of the Regulation (EU) 2018/1725. Subject to
applicable rules under EU legislation, the personal data relating to you, as provided in your request as
well as personal data that might be collected while processing your request, are used solely for the
purpose of replying to your request. EDPS staff members dealing with the request will have access to the
case file containing your personal data on a need-to-know basis. All access to case files is logged. Your
personal data are not disclosed outside the EDPS. Your personal data will be stored electronically for a
maximum of ten years after the closure of the case, or as long as the EDPS is under a legal obligation to
do so. You have the right to access your personal data held by the EDPS and to relevant information
concerning how we use it. You have the right to rectify your personal data. Under certain conditions, you
have the right to ask that we delete your personal data or restrict its use. We will consider your request,
take a decision and communicate it to you. For more information, please see Articles 14 to 21, 23 and 24
of the Regulation. Please note that in some cases restrictions under Article 25 of the Regulation may
apply. Any request to exercise your rights should be addressed to the EDPS at xxxx@xxxx.xxxxxx.xx. You
may contact the data protection officer of the EDPS (xxxxxxxx@xxxx.xxxxxx.xx), if you have any
remarks or complaints regarding the way we process your personal data. You have the right to lodge a
complaint with the EDPS, as supervisory authority. Any such request should be addressed to the EDPS
at xxxx@xxxx.xxxxxx.xx. You can reach the EDPS in the following ways: E-mail: xxxx@xxxx.xxxxxx.xx;
EDPS postal address: European Data Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium. For
more information, please refer to the extended version of the data protection notice available on the
EDPS website: https://edps.europa.eu/data-protection/our-work/publications/other-documents/requests-
access-documents_en.
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