Microsoft Word - PAD-2021-00106-reply

Dieses Dokument ist Teil der Anfrage „Responses to access to documents in 2021

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All Serious Incident Reports from 15th until 21st March 2021 related to Frontex operations in the Aegean Sea Please be informed that Frontex has identified one document, access to which must be refused as it: -    contains personal data, and/or characteristic features which could lead to the identification of individuals. The disclosure would undermine the protection of privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data and therefore has to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/20011; -    contains detailed information related to reporting tools and methods used by law enforcement officials to conduct border control tasks and counter criminal activities. Their disclosure would jeopardize the implementation of ongoing and future operations, and thus facilitate irregular migration and trafficking in human beings as the effectiveness of law enforcement measures would be significantly reduced. As disclosing this information would undermine the protection of the public interest as regards public security, this part is not disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    refers to details of the operational area of an ongoing operation and therefore cannot be released. A public disclosure of documents containing such information would undermine the protection of the public interest as regards public security in the sense of Article 4(1)(a) first indent of Regulation (EC). In addition, it pertains to an ongoing investigation and its disclosure at the present stage would jeopardize the ability of Frontex and Member States to evaluate any irregularities and to verify facts and information with a view to make a decision. Consequently, access to it must be refused based 1 Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43) Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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on Article 4(2) third indent of Regulation (EC) No 1049/2001 as its disclosure would undermine the protection of the purpose of investigations. No overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of this document is ascertainable in the present case. It is thus that Frontex sees no partial release as being possible. Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, within 15 working days of the receipt of this letter, you may submit a confirmatory application to Frontex to reconsider its position. Based on Article 8 of Regulation (EC) No 1049/2001, Frontex will reply to you within 15 working days from the registration of such application. You can submit your confirmatory application by post or electronically. Frontex - European Border and Coast Guard Agency www.frontex.europa.eu | Pl. Europejski 6, 00-844 Warsaw, Poland | Tel. +48 22 205 95 00 | Fax +48 22 205 95 01
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