Date: Mon, 03 Oct 2022 07:32:14 +0000
Subject: Re: Case 2022/5604 - Postal address required
From: Laura Kayali <[FOI #11893 email]>
To: "[email address]" <[email address]>

Dear Secretariat-General, 

Here's my postal address (or rather, my employer's, POLITICO): Rue de la Loi 62, 1040 Bruxelles, Belgique

Yours sincerely,

Laura Kayali

-----Original Message-----

Dear Sir or Madam,

 We are writing to you concerning your request for access to documents sent
 on 29/09/2022 and registered on 03/10/2022 under case number 2022/5604.


 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,

 Secretariat-General - Access to Documents
 European Commission

References

 Visible links
 1. https://www.ec.europa.eu/transparency/documents-request
 2. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1725
 3. https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32001R1049
 4. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=ecli:ECLI:EU:T:2010:511

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Please use this email address for all replies to this request:
[FOI #11893 email]

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