Informal consultation of EDPS, named in Newsletter 93
Dear European Data Protection Supervisor,
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:
All documents pertaining to this EDPS consultation process, e.g., final recommendation of the EDPS:
"The EDPS was recently consulted by one of the EUIs’ libraries. In its Informal Consultation, the EDPS clarified the EUI library’s role and responsibility as a data controller, in the context of transfers of personal data that are necessary between the controller and another natural or legal person, under article 50 (1) (c) of Regulation (EU) 2018/1725.
The EDPS produced its advice on the basis of the European Data Protection Board’s (EDPB) Guidelines on Controllership (2020/07). The EDPB’s Guidelines helped to determine the relationship between the EUI’s library and its subscribers, the EUI’s members of staff. In this context, the EUI’s library is the sole controller when processing subscribers’ personal data when managing the access to various publications, such as magazines; books; journals and newspapers.
The EUI library’s record of processing operations, in its current form, seems to suggest that subscribers to certain publications based outside the European Economic Area (EEA) would need to provide specific consent via a separate data protection statement to the publishers of these publications.
However, the EDPS recommends that this record of processing operations and accompanying data protection statement are modified, since the EUI library can rely on article 50 (1) (c) of Regulation (EU) 2018/1725, because transfers of subscribers’ data to non-EEA publishers are necessary for the access to publications based outside of the EU/EEA.
Source: https://edps.europa.eu/press-publication...
Yours faithfully,
H R
Dear Mr Roth,
We acknowledge receipt of your request, registered on 13.04.2022. In
accordance with Article 7(1) of Regulation (EU) No 1049/2001 regarding
public access to European Parliament, Council and Commission documents,
you will receive a reply within 15 working days (by 10.05.2022).
Your case number is 2022-0462.
Please note that your personal data will only be processed for the
purposes of replying to your request and in accordance with the privacy
statement set out below. More information on how the EDPS process personal
information can be found on our [1]website.
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. The European Data Protection Supervisor is not
accountable for any technical issues or problems linked to the use of this
system.
Yours sincerely,
EDPS Secretariat
[2]cid:image001.png@01D4D8CD.D37C9700
[3]| Tel. (+32) 228 31900 |
Fax +32(0)22831950 | › Email
[4][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[5]Twitter [6]@EU_EDPS
[7]Website [8]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.
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 (EU) 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 [9][EDPS request email]. You may contact the data
protection officer of the EDPS ([10][email address]), 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
[11][EDPS request email]. You can reach the EDPS in the following ways:
E-mail: [12][EDPS request email]; 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:
[13]https://edps.europa.eu/data-protection/o...
References
Visible links
1. https://secure.edps.europa.eu/EDPSWEB/we...
3. file:///tmp/tel:+3222831900
4. mailto:[EDPS request email]
6. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
8. http://www.edps.europa.eu/
http://www.edps.europa.eu/
9. mailto:[EDPS request email]
10. mailto:[email address]
11. mailto:[EDPS request email]
12. mailto:[EDPS request email]
13. https://edps.europa.eu/data-protection/o...
Dear Mr Roth,
Please find enclosed a letter (+ annex) to your attention electronically
signed by Leonardo Cervera Navas on the above-mentioned subject.
Best regards,
EDPS Secretariat
[1]cid:image001.png@01D4D8CD.D37C9700
[2]| Tel. (+32) 228 31900 |
Fax (+32) 228 31950 |
› Email: [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60,
B-1047 Brussels
Office address: Rue Montoyer 30,
B-1000 Brussels
[4]Twitter [5]@EU_EDPS
[6]Website [7]www.edps.europa.eu
This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.
Data Protection Notice
According to Articles 15 and 16 of Regulation (EU) 2018/1725 (the
Regulation), we are processing your personal data in order to reply to
your request. The controller is the European Data Protection Supervisor
(EDPS). The legal basis for this processing operation is Article 5(1)(b)
of the Regulation, since processing is necessary for compliance with a
legal obligation to which the EDPS is subject. The data processed include
your contact details, your request, as well as personal data that might be
collected during the investigation of your request. For the EDPS, case
handlers, administrative staff and hierarchy involved in the request
handling 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 data
will only be transferred to other EU institutions and bodies or to third
parties when it is necessary to ensure the appropriate investigation or
follow up of your request. Your data will be stored by the EDPS in
electronic files until the end of the reporting period of the current year
(as a rule, until mid-next year), unless legal proceedings require us to
keep them for a longer period. Afterwards, only a brief anonymous note
will be included in a file in order to keep record of the request.
You have the right of access to your personal data 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 [8][EDPS request email]. You may also contact the data protection
officer of the EDPS ([9][email address]), 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
[10][EDPS request email]. You can reach the EDPS in the following ways:
e-mail: [11][EDPS request email]; EDPS postal address: European Data
Protection Supervisor, Rue Wiertz 60, B-1047 Brussels, Belgium.
References
Visible links
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. mailto:[EDPS request email]
9. mailto:[email address]
10. mailto:[EDPS request email]
11. mailto:[EDPS request email]