FRONT=ZX

I am requesting documents related to the training of Libyan Coast Guards - past and
ongoing - as part of Sophia and Irini operations. Said documents would be:

- course program,

- pedagogical ressources,

- list of libyan coast guards trained (names, ranks, roles, divisions),

- evaluation of trainees if applicable

I note your arguments in your confirmatory application

“regarding the document "Participants list EUNAVFORMED 2017_PAD version.pdf", information
about trainees identity have been redacted, pursuant to Article (1) (b) of Regulation (EC) No
1049/2001 according to you. But trainees being Libyan nationals, pursuant to Regulation (EU)
2016/679 (13), these data should not be redacted.

I would thus kindly ask you to provide me with the unredacted version of this document.“

As part of my review, additional documents pertaining to your application were identified, which are

herewith attached.

In regard to your reference to Regulation (EU) 2016/679?, kindly note that according to Article 2(3) of
that Regulation, Union agencies are subject to Regulation (EC) No 45/2001? for the processing of

"1 In accordance with Article 7(3) of 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).

? Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and
on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p.
1).

3 Regulation (EC) No 45/2001 of 18 December 2000 on the protection of individuals with regard to the processing of personal data
by the Community institutions and bodies and on the free movement of such data (OJL8, 12.1.2001, p. 1).

>

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

FRONTEX

personal data. Regulation (EC) No 45/2001 has been repealed by Regulation (EU) 2018/1725*. Therefore,
Frontex must follow Regulation (EU) 2018/1725, and Regulation (EU) 2016/679 does not apply.

As regards your argument concerning the redaction of parts of the document “Participants list
EUNAVFORMED 2017_PAD version.pdf”, please note that the need for this was based on Article 4(1)(b)
of Regulation (EC) No 1049/2001, read together with Article 4(6) of that Regulation. More specifically,
Frontex is required to reconcile the application of that Regulation and of Regulation (EU) 2018/1725,
as stated in Article 9(3) of Regulation (EU) 2018/1725.

Article 1(1) of Regulation (EU) 2018/1725 states that that Regulation lays down rules relating to the
protection of natural persons with regard to the processing of personal data by the Union institutions
and bodies. According to Regulation (EU) 2018/1725, transmissions of personal data to recipients other
than Union institutions and bodies is subject to specific conditions. Based on Article 9(1)(b) of Regulation
(EU) 2018/1725, it is for the applicant to establish that it is necessary to have the data transmitted for
a specific purpose in the public interest. Frontex as the controller? has the obligation, if there is a
reason to assume that the data subject’s legitimate interests might be prejudiced, to establish that it
is proportionate to transmit the personal data for that specific purpose after having demonstrably
weighed the various competing interests. More concretely, it would fall on you to establish that the
transfer of personal data is necessary for a specific purpose in the public interest within the meaning
of Article 9(1)(b) of Regulation (EU) 2018/1725. For this, you must establish that the transfer of personal
data is the most appropriate measure among other possible measures for obtaining your objective and
that the transfer is proportionate for achieving this objective - i.e. you would have to provide express
and legitimate reasons to that effect. However, you have only submitted that “trainees being Libyan
nationals, pursuant to Regulation (EU) 2016/679 (13) [sic], these data should not be redacted”.
However, Regulation (EU) 2018/1725 does not differentiate between the protection of personal data of
European Union citizens or that of third country nationals and the release of these pieces of information
would therefore prejudice the legitimate interests of the data subjects according to Article 9(1)(b) of
Regulation (EU) 2018/1725. As you did not bring forward a specific purpose in the public interest within
the meaning of Article 9(1)(b) of Regulation (EU) 2018/1725, which would have to be balanced with the
legimiate interests of the individuals, the exception provided in Article 4(1)(b) of Regulation (EC) No
1049/2001 applies to the redacted parts of the document at stake.

In sum, I uphold the decision of 14 September 2021 as amended.

In accordance with Article 8(1) of Regulation (EC) No 1049/2001, you are entitled to institute court
proceedings and/or make a complaint to the European Ombudsman under the relevant provisions of the

Treaty on the Functioning of the European Union.

4 Regulation (EU) 2018/1725 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 (OJ L 295, 21.11.2018, p. 39).

5 Pursuant to Article 3 of Regulation (EU) 2018/1725, ‘controller’ means the Union institution or body or the directorate-general or
any other organisational entity which, alone or jointly with others, determines the purposes and means of the processing of personal
data; where the purposes and means of such processing are determined by a specific Union act, the controller or the specific criteria
for its nomination can be provided for by Union law.

6 Judgment of the General Court (Fifth Chamber) of 15 July 2015 in case T-115/13, Dennekamp v European Parliament, para 59.

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

FRONT=SX

a

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