Ref. Ares(2015)2428711 - 10/06/2015
EUROPEAN COMMISSION
Directorate-General for Communications Networks, Content and Technology
Cooperation
Stakeholders
The Head of Unit
Brussels,
DG CNECT/D4/AAK/SS/ns
ARES (2015)
Ms. Rosa Birch
netzpolitik.org
Schonhauser Allee 6/7
D-10119 Berlin, Germany
Email: ask+request-1798-
xxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject:
Our final reply to your request for Access to Documents Ref. GestDem
2015/1272
Dear Ms Birch,
I refer to your e-mail dated 02/03/2015 in which you make a request for access to documents,
registered on 02/03/2015 under the above-mentioned reference number. I also refer to my
letter of 09/03/2015 on the extension of the deadline due to the large number of documents to
be assessed, my letter of 20/04/2015 on the narrowing of the scope of the request and your
reply to the latter on 21/04/2015 in which you have narrowed the scope of your request. I also
refer to our partial reply on 13/05/2015.
This email constitutes the final reply to your request following our aforementioned partial
reply. Some of the documents requested originated from third parties who have been
consulted, and we were waiting for their reply in order to finalize our assessment.
I now enclose the remaining documents requested in your application, which concerned:
- all documents related to meetings between Günther H. Oettinger or his Cabinet and
advisors and telecommunication providers and trade associations on the subject of net
neutrality since he took office as Commissioner for the Digital Economy and Society.
- all correspondence between Günther H. Oettinger or his Cabinet and advisors and
telecommunication providers and trade associations on the subject of net neutrality since
he took office as Commissioner for the Digital Economy and Society.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32
22991111 Office: BU25 05/081 - Tel. direct line +32 229-97671 - Fax +32 229-69229
Email: xxxxxx.xxxxxx@xx.xxxxxx.xx
You also requested the list of all meetings between Günther H. Oettinger or his Cabinet and
advisors but since this information can be consulted on the website mentioned hereunder
under the title 'Agenda', we do not enclose the list with this reply.
http://ec.europa.eu/commission/2014-2019/oettinger_en
With regard to the enclosed document "GROUP20 – Thoughts on first meeting 22/07/2014"
please note that it includes a condensed and rearranged version of the most interesting topics
discussed at the Group20 gathering.
The documents that you requested contain personal data. Pursuant to Article 4(1) (b) of
Regulation (EC) No 1049/2001, access to a document has to be refused if its disclosure would
undermine the protection of privacy and the integrity of the individual, in particular in
accordance with Community legislation regarding the protection of personal data. The
applicable legislation in this field is Regulation (EC) No 45/2001 of the European Parliament
and of the Council of 18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and on the free
movement of such data1.
When access is requested to documents containing personal data, Regulation (EC) No
45/2001 becomes fully applicable.
According to Article 8(b) of this Regulation, personal data shall only be transferred to
recipients if they establish the necessity of having the data transferred to them and if there is
no reason to assume that the legitimate rights of the persons concerned might be prejudiced.
I consider that, with the information available, the necessity of disclosing the aforementioned
personal data to you has not been established and that it cannot be assumed that such
disclosure would not prejudice the legitimate rights of the persons concerned.
Therefore, I am sending you the requested documents expunged from this personal data.
In case you would disagree with the assessment that the expunged data are personal data
which can only be disclosed if such disclosure is legitimate under the rules of personal data
protection, you are entitled, in accordance with Article 7(2) of Regulation 1049/2001, to make
a confirmatory application requesting the Commission to review this position.
1 1 OJ L 8 of 12.1.2001, p. 1
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
Secretary-General
Transparency unit SG-B-4
BERL 5/327
B-1049 Bruxelles
or by email to: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Antoaneta Angelova-Krasteva
Enclosure: Email correspondence
