LEONARDO CERVERA NAVAS
DIRECTOR
Mr Samuel STOLTON
EURACTIV Brussels
International Press Centre
Boulevard Charlemagne 1,
B- 1041 Bruxelles
Only be e-mail: ask+request-9030-
xxxxxxxx@xxxxxxxx.xxx
Brussels, 23 February 2021
LCN/TT/ktl/D(2021)0399
C 2021-0156
Please use xxxx@xxxx.xxxxxx.xx for all
correspondence
Subject:
Your request for access to documents under Regulation (EC) 1049/2001
Dear Mr Stolton,
On 9 February 2021, you sent an access to documents request to the EDPS on the basis of
Regulation (EC) No 1049/2001, which was registered on the same day also mentioning the
extension of the deadline in accordance with Article 7(3) of Regulation (EC) 1049/2001.
The request concerns “
All documentation (including but not limited to: general communications
of any nature, written material of any kind, email correspondences, attendance lists, agendas,
background papers, briefing papers, transcriptions of meetings, any written material
whatsoever) containing references to the 'PhotoDNA' software.
This request extends to any information that the EDPS holds in relation to any of the above
points, including information that may have been deemed short-lived or unimportant.”
We have identified the following documents:
Type
Title
Access granted
Full/Partial/Denied
1
Briefing
EARNIT Briefing
Partial
Postal address: rue Wiertz 60 - B-1047 Brussels
Offices: rue Montoyer 30 - B-1000 Brussels
E-mail: xxxx@xxxx.xxxxxx.xx - Website: www.edps.europa.eu
Tel.: 32 2-283 19 00 - Fax: 32 2-283 19 50
2
Presentation
Confidentiality of communications and the fight
Partial
against child sexual abuse online
3
Presentation
EDPS Opinion 7/2020
Partial
4
Briefing
ePrivacy update - September 2020
Full
5
Note to File
ePrivacy new developments
Full
The decision to partially grant access to some of the documents is based on Article 4 (1)(b) of
Regulation (EC) No 1049/2001. According to its provision, access to a document is refused
where 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.
Please find attached the documents to which you have been granted partial access.
Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001, you may make a
confirmatory application asking the EDPS to reconsider his position as regards the total or
partial refusal of your request. Such a confirmatory application should be addressed within 15
working days upon receipt of this letter to the EDPS general e-mail: xxxx@xxxx.xxxxxx.xx.
Yours sincerely,
Annexes : 5
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 (EC) 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
2
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 xxxx@xxxx.xxxxxx.xx. You may contact the data protection officer of the EDPS (EDPS-
xxx@xxxx.xxxxxx.xx), 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 xxxx@xxxx.xxxxxx.xx. You can reach the EDPS in the
following ways: E-mail: xxxx@xxxx.xxxxxx.xx; 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:
https://edps.europa.eu/data-protection/our-work/publications/other-documents/requests-access-
documents_en.
3
