Ref. Ares(2023)2440236 - 04/04/2023
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
SG.D.1 - Digital Transition, Industry & Single Market
Brussels
SG.D.1/ALW
Ms Laura Kayali
POLITICO Europe,
Rue de la Loi, 62,
1000 Bruxelles
By email:
ask+request-12733-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your applications for access to documents – EASE 2023/1591
Dear Ms Kayali,
I refer to your email of 11 March 2023 in which you make a request for access to
documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament, Council and
Commission documents (hereinafter ‘Regulation 1049/2001’), registered on 13 March
2023 under the above-mentioned reference number.
By your application, you request access to emails, documents, briefings, notes and any
other relevant documentation related to the meeting of Anthony Whelan with Netflix on
June 23, 2023.
Your application concerns the following document:
1. Ares(2022)5046415 Meeting minutes Netflix_Redacted
With regard to the document identified, a complete disclosure 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 they contain 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.
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
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
reason to assume that the legitimate interests of the data subject might be prejudiced. In
your request, you do neither express any particular interest to have access to these personal
data, nor put forward 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.
Furthermore, the document was drawn up for internal use under the responsibility of the
relevant services 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 documents refer, which were not consulted on its content. It does not reflect the
position of the Commission and cannot be quoted as such.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit 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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Brussels, or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Elisa Roller
Director
Enclosure:
disclosed documents
2
Electronically signed on 04/04/2023 08:41 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121