OLAF request for a certified copy of a national identity document, internal rules, personal data protection
Dear European Anti-Fraud Office (OLAF),
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:
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The OLAF letter of 18/12/2013 THOR 32635, http://www.asktheeu.org/en/request/878/r..., concerns a confirmatory application of the undersigned under Regulation No 1049/2001. OLAF has requested that the applicant submit a "certified copy of your national identity document", otherwise OLAF will not proceed with the handling of the confirmatory application.
It is obvious that OLAF’s is most probably unprecedented and introduces a burdensome obligation to applicants-natural persons. A national identity document contains personal data that OLAF is not lawfully entitled to requested for the purposes of establishing the nationality of an applicant who has lodged an application pursuant to Regulation 1049/2001.
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Requesting an applicant to transfer to OLAF his or her personal data contain in a national identity document is manifestly an infringement of several provisions of Regulation 45/2001.
For instance:
1. It is not necessary to disclose to OLAF the applicant's date of birth, meaning that such kind of personal data processing is not compliant with article 4 of that Regulation.
2. The recipient has not established the necessity of transferring such kind of the personal data to OLAF; this is an infringement of article 7(1) of that Regulation.
3. It is even questionable whether article 5(a) is satisfied, in so far OLAF has requested the entire identity document.
4. Even in interviews of a person concerned (i.e. suspect), OLAF does not request detailed personal data such as those found in a national identity document. It is mind-boggling to understand why OLAF has requested that much personal data for a mere application under Regulation 1049/2001, which several hundred millions EU citizens are entitled to lodge to OLAF.
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I would appreciate OLAF would disclose the following documents:
1. OLAF’s own internal rules that apply to the identification of natural and legal persons as regards applications under Regulation 1049/2001.
2. OLAF’s own internal rules that apply to the powers of representation of the signatories of legal persons that lodge applications under Regulation 1049/2001 (e.g. power of attorney, resolution of management board authorising the legal representative and so on).
3. For all applications under Regulation 1049/2001 lodged so far, and for which an applicant-natural person was requested by OLAF to provide proof of identity, the documents with OLAF’s request to the applicant, as well as any documents with remarks or objections of the applicant about the request to provide proof of identity. This request does NOT concern the application the letter THOR 32635 concerns.
4. The article 25 of Regulation 45/2001 prior notification covering the personal data processing of applicants-natural persons for applications under Regulation 1049/2001 lodged to OLAF. This request concerns all previous versions of the prior notification, as well as the Privacy Statement (article 11 of Regulation 45/2001).
5. Any documents drawn up by the OLAF Data Protection Officer regarding the lawfulness of the transfer of personal data requesting an applicant under Regulation 1049/2001 to provide OLAF with a certified copy of a national identity document.
Yours faithfully,
Mr. Tasos Ntetsikas
Dear Mr. Ntetsikas,
I refer to your two e-mails dated the 20 December 2013. For avoidance of
doubt allow me to distinguish them and to deal with the first received on
that day. It is timed as having being sent at 09:14.
In this e mail you have asked OLAF to explain how one might comply with
this request if you are a citizen of a Member State which does not issue
national identity cards. OLAF does not wish this request for proof of
identity to be read restrictively and would accept any government issued
document of the Member State concerned which is current and records the
bearer's name. For example, a driver's licence, a national security card,
a military service card, a passport, a taxation office notice or an
electoral roll registration are all types of documents which would
presumably meet OLAF's request.
With regard to your second e mail of 20 December 2013, timed as being sent
at 09:35, and for which a reminder was sent on the 29^th of January 2014,
please be advised that this request for information and documents is
currently being examined and you will receive a reply within 15 working
days from the sending of this e mail.
Yours sincerely,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...
Dear Mr. Ntetsikas,
I refer to your two e-mails dated the 20 December 2013. For avoidance of
doubt allow me to distinguish them and to deal with the first received on
that day. It is timed as having being sent at 09:14.
In this e mail you have asked OLAF to explain how one might comply with
this request if you are a citizen of a Member State which does not issue
national identity cards. OLAF does not wish this request for proof of
identity to be read restrictively and would accept any government issued
document of the Member State concerned which is current and records the
bearer's name. For example, a driver's licence, a national security card,
a military service card, a passport, a taxation office notice or an
electoral roll registration are all types of documents which would
presumably meet OLAF's request.
With regard to your second e mail of 20 December 2013, timed as being sent
at 09:35, and for which a reminder was sent on the 29^th of January 2014,
please be advised that this request for information and documents is
currently being examined and you will receive a reply within 15 working
days from the sending of this e mail.
Yours sincerely,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...
Dear European Anti-Fraud Office (OLAF),
I refer to my application of 20/12/2013 pursuant to Regulation 1049/2001 http://www.asktheeu.org/en/request/olaf_..., and the OLAF C-4 Unit email of 4/2/2014 http://www.asktheeu.org/en/request/olaf_....
I respectfully submit the following observations:
- It appears that OLAF misconstrued my application pursuant to Regulation No 1049/2001 as a 'request for information'.
- In the application, the documents applied for are identified under (1) to (5) following the sentence 'I would appreciate OLAF would disclose the following documents'.
I would therefore be obliged if OLAF would promptly acknowledge the registration of an application under Regulation No 1049/2001, that is to say a right enshrined under article 15(2) TFEU and under article 42 of the Charter of the Fundamental Rights of the European Union.
Yours faithfully,
Mr. Tasos Ntetsikas
Dear Mr. Ntetsikas,
I refer to your e-mail of 12 February. Allow OLAF once again to try and clarify the situation.
You have made two requests. With regard to the first, OLAF has explained that in order to deal with this matter we require proof of your identity. The form that such proof may take has been amplified in our previous e mail.
The second issue you have raised concerns an access to documents and information request. For avoidance of doubt please accept that this e-mail again acknowledges receipt of this request for access to documents. In this regard you have been told that you should expect to receive OLAF's response to this request within 15 working days of our last e mail to you, namely 15 working days from the 4th of February 2014. Please be assured that OLAF is using its best efforts to see that this deadline is met.
I regret that OLAF is at a loss to see how it can explain its position more clearly.
Yours sincerely,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on http://ec.europa.eu/anti_fraud/about-us/...
Dear Mr Ntetsikas,
We refer to your request for access to documents of 22 November 2013.
OLAF is dealing with his request but requires more time to identify the
documents and to consult different services. You will receive an
electronic copy of the reply by the end of next week.
European Commission
DG OLAF
Unit C.4- Legal advice
Dear Mr Ntetsikas,
We have treated your request for access to documents and you will receive
an electronic copy of the reply by the end of this week.
Best regards,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...
Dear Mr Ntetsikas,
Please find herewith a letter from our Director Mrs Sanz Redrado for you
information.
Best regards,
EUROPEAN COMMISSION
EUROPEAN ANTI-FRAUD OFFICE (OLAF)
Directorate C: Investigation Support
Unit C.4 – Legal Advice
Rue Joseph II, 30 • B-1000 Brussels (Belgium)
[1]http://ec.europa.eu/anti_fraud
Our policy regarding personal data protection can be viewed on
[2]http://ec.europa.eu/anti_fraud/about-us/...
References
Visible links
1. http://ec.europa.eu/anti_fraud
2. http://ec.europa.eu/anti_fraud/about-us/...