Ref. Ares(2023)910676 - 08/02/2023
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
Brussels
Venetia ROXBURGH
1 Long LaneLondon, the UK
E-mail
: ask+request-12305-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms ROXBURGH,
Subject:
Your application for access to documents – GESTDEM 2022/7141
We refer to your e-mail sent and registered on 9 December 2022 in which you make a request for
access to documents under the above mentioned reference number.
You requested access to “
All documentation (including but not limited to all email correspondence,
attendance lists, agendas, background papers, transcripts, recordings and minutes/notes) relating
to the meeting listed below: [Between European Round Table for Industry (ERT) and cabinet
members of Vice President Margrethe Vestager on the 27th September 2022].”
The following documents fall within the scope of your application:
1.
Catch up call ERT
2.
Meeting EVP Vestager CAB – ERT, report
With regard to the documents listed above, a complete disclosure of the identified documents is
prevented by the exception concerning the protection of privacy and the integrity of the individual
outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because it contains the following
personal data:
-
the names/initials and contact information of Commission staff members not pertaining to the
senior management;
-
the names/initials and contact details of other natural persons;
In your application, you indicate that your address is in the United Kingdom. Transfers of personal
data from the Commission to countries that are not members of the European Economic Area
(EEA), or to international organisations are regulated under Chapter V of the Data Protection
Regulation1.
According to Article 47(1) of this Regulation, a transfer of personal data to a third country or an
international organisation may take place where the Commission has decided that the third country,
a territory or one or more specified sectors within that country, or the international organisation in
1 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 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, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC,
OJ L 295, 21.11.2018, p. 39.
question ensures an adequate level of protection and where the personal data are transferred solely
to allow tasks within the competence of the controller to be carried out.
Based on the information available, the country of your residence is recognised by the Commission
as ensuring an adequate level of protection. However, we would further like to inform you that:
Article 9(1)(b) of the Data Protection Regulation (Regulation 2018/1725) does not allow the
transmission of these personal data, except if you prove that it is necessary to have the data
transmitted to you for a specific purpose in the public interest and where there is no reason to
assume that the legitimate interests of the data subject might be prejudiced. In your request, you do
not express any particular interest to have access to these personal data nor do you put forward any
arguments to establish the necessity to have the data transmitted for a specific purpose in the public
interest.
Consequently, I conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001, access
cannot be granted to the personal data contained in the requested document, as the need to obtain
access thereto for a purpose in the public interest has not been substantiated and there is no reason
to think that the legitimate interests of the individuals concerned would not be prejudiced by
disclosure of the personal data concerned.
The document 2 was drawn up for internal use under the responsibility of the relevant official of the
European Commission. It solely reflects the author's interpretation of the interventions made and
does not set out any official position of the third parties to which the document refers. It does not
reflect the position of the Commission and cannot be quoted as such.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this letter
to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
Please kindly send an acknowledgement of the receipt of this reply.
Yours sincerely,
Elisa Roller
Director
(e-signed)
Annex:
2 documents
2
Electronically signed on 08/02/2023 08:38 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121
