15 Request for access to documents GESTDEM 2020 2196 initial reply redacted OLD.pdf

Annex 15

additionally identified two documents created on 20 April 2020, which we have included in
our reply (documents no. 12 and 13).
The following documents fall within the scope of your application:
No.
Title
Registration No.
Mission report from EU CTC visit to Washington D.C. on 21-22 March
1.
Ares(2019)2404952
2019
ACTION PLAN to remedy the deficiencies identified in the 2017
2.
evaluation of NORWAY on the application of the Schengen acquis in the  Ares(2019)2671331
field of Police cooperation
Proposal for a COUNCIL IMPLEMENTING DECISION setting out a
recommendation on addressing the deficiencies identified in the 2017
3.
Ares(2018)3940472
evaluation of the Kingdom of Norway on the application of the Schengen
acquis in the field of police cooperation2
4.
Report Europol Management Board - 3 October
Ares(2018)5164050
Application for access to documents – ref. GestDem n°2018/2078 – Initial
5.
Ares(2018)2302568
reply - devoid of purpose
6.
Parliamentary question [E-173/20] on the use of Palantir software3
Ares(2020)1119625
7.
Security Scrutiny Results 2019
Ares(2019)7640426
Request for access to documents - 2019/3200 (theCamp) –  Initial reply –
8.
Ares(2019)4504757
Programme
Capability Gaps and requirements identified by the International Forum to
9.
Ares(2018)5157617
Advance First Responder Innovation (IFAFRI) – Gap 4 – Appendix B
10.  Mission report - Europol Round Table on NCMEC referrals - 5 June 2018
Ares(2018)3407038
11.  H2020 - Evaluation Summary Report – Palantir
Ares(2019)7640426
COMMISSION IMPLEMENTING DECISION of 30.4.2020 on the award
of grants under Horizon 2020 -  Framework Programme for Research and
12.
C(2020) 2974 final
Innovation (2014-2020) and the Master call H2020-SU-DS-2018-2019-
2020; deadline model H2020-SU-DS-2019
Annex to COMMISSION IMPLEMENTING DECISION of 30.4.2020 on  C(2020) 2531 final
the award of grants under Horizon 2020 -  Framework Programme for
13.  Research and Innovation (2014-2020) and the Master call H2020-SU-DS-
2018-2019-2020; deadline model H2020-SU-DS-2019

2 Please note that the implementing decision was adopted by the Council and is available online:
http://data.consilium.europa.eu/doc/document/ST-12290-2018-INIT/en/pdf
3 Also available on European Parliament’s website: https://www.europarl.europa.eu/doceo/document/E-
9-2020-000173_EN.html
2

14.  Reply to PQ [E-2894/18] on Europol's use of facial recognition technology4  Ares(2018)3525417
FULL DISCLOSURE
Having examined the documents requested under the provisions of Regulation (EC) No
1049/2001 regarding public access to documents, I have come to the conclusion that
documents 3, 5, 6, 8, 9, 11, 12, 13 and 14 may be fully disclosed. In relation to document no
6 (parliamentary question E-173/20) please be informed that Commission’s reply is being
prepared and will hopefully be adopted and transmitted to the European Parliament in the
coming days. It will then also become publicly available on the Parliament’s web site,
Access is also given to documents 1, 2, 4 and 10. Some parts of these documents have been
redacted, as they fall outside the scope of your request and do not concern Palantir in any
way. Please note that all the passages concerning contacts with Palantir, mentioning the
company or the software are fully disclosed.
PROTECTION OF PERSONAL DATA
With regard to documents 1, 4, 7 and 10 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 they contain the following personal data:
x  the names/initials and contact information of  Commission staff members not
pertaining to the senior management;
x  the names/initials and contact details of other natural persons;
x  handwritten signatures/abbreviated signatures of natural persons;
Article 9(1)(b) of the Data Protection Regulation5 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
documents, 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.

4 Also available on European Parliament’s website: https://www.europarl.europa.eu/doceo/document/E-
8-2018-002894_EN.html
5 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.
3

PARTIAL DISCLOSURE

Having examined document no 7, I have come to the conclusion that it may be partially
disclosed. Full disclosure is prevented by an exception to the right of access laid down in
Article 4 of this Regulation.
Some parts of document no 7 have been blanked out as their disclosure is prevented by
exception to the right of access laid down in Article 4(3) of the Regulation 1049/2001.
The redacted parts of the document contain internal consultation in an ongoing grant award
procedure. In case of ongoing procurement or grant award procedures, access to the
procurement and grant award documents must be refused if their disclosure would
seriously undermine the ongoing decision-making process because of likely undue
external pressure. This will normally be the case for documents reflecting individual
opinions of the evaluation committee, of individual external experts, of external assessors
in case of grants, or of the evaluation committee as such before the contract is signed.
Disclosure of these parts of the document would undermine the protection of the
institution’s decision-making process as the contract has not been signed yet and there
could be a risk of undue pressure from the public. Therefore, the exception laid down in
Article 4(3) of Regulation (EC) No 1049/2001 applies to this document.
The exceptions laid down in 4(3) of Regulation (EC) No 1049/2001 apply unless there is an
overriding public interest in disclosure of the documents. We have examined whether there
could be an overriding public interest in disclosure, but we have not been able to identify
such an interest.
You may reuse public documents, which have been produced by the European Commission
or by public and private entities on its behalf based on the Commission Decision on the
reuse of Commission documents. You may reuse the documents disclosed free of charge
and for non-commercial and commercial purposes provided that the source is acknowledged
and that you do not distort the original meaning or message of the documents. Please note
that the Commission does not assume liability stemming from the reuse.

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

Yours faithfully,

Monique PARIAT
[e-signed]

4

Annex(es):
Mission report from EU CTC visit to Washington D.C. on 21-22 March
1.
Ares(2019)2404952
2019
ACTION PLAN to remedy the deficiencies identified in the 2017
2.
evaluation of NORWAY on the application of the Schengen acquis in the  Ares(2019)2671331
field of Police cooperation
Proposal for a COUNCIL IMPLEMENTING DECISION setting out a
recommendation on addressing the deficiencies identified in the 2017
3.
Ares(2018)3940472
evaluation of the Kingdom of Norway on the application of the Schengen
acquis in the field of police cooperation
4.
Report Europol Management Board - 3 October
Ares(2018)5164050
Application for access to documents – ref. GestDem n°2018/2078 –  Initial
5.
Ares(2018)2302568
reply - devoid of purpose
6.
Reply to PQ [E-173/20] on the use of Palantir software6
Ares(2020)1412813
7.
Security Scrutiny Results 2019
Ares(2019)7640426
Request for access to documents - 2019/3200 (theCamp) –  Initial reply –
8.
Ares(2019)4504757
Programme
Capability Gaps and requirements identified by the International Forum to
9.
Ares(2018)5157617
Advance First Responder Innovation (IFAFRI) – Gap 4 – Appendix B
10.  Mission report - Europol Round Table on NCMEC referrals - 5 June 2018
Ares(2018)3407038
11.  H2020 - Evaluation Summary Report – Palantir
Ares(2019)7640426
COMMISSION IMPLEMENTING DECISION of 30.4.2020 on the award
of  grants under Horizon 2020 - Framework Programme for Research and
12.
C(2020) 2974 final
Innovation (2014-2020) and the Master call H2020-SU-DS-2018-2019-
2020; deadline model H2020-SU-DS-2019
Annex to COMMISSION IMPLEMENTING DECISION of 30.4.2020 on  C(2020) 2531 final
the award of grants under Horizon 2020 - Framework Programme for
13.  Research and Innovation (2014-2020) and the Master call H2020-SU-DS-
2018-2019-2020; deadline model H2020-SU-DS-2019
14.  Reply to PQ [E-2894/18] on Europol's use of facial recognition technology7  Ares(2018)3525417

6 Also available on European Parliament’s website: https://www.europarl.europa.eu/doceo/document/E-
9-2020-000173_EN.html
7 Also available on European Parliament’s website: https://www.europarl.europa.eu/doceo/document/E-
8-2018-002894_EN.html
5
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