reply-letter-29

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

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Email(s) from the Executive Director to 1) Frontex staff, including staff at the Frontex Liaison Office in Brussels, 2) the Management Board and 3) the European Commission regarding the AbolishFrontex demonstration that took place on 9 June in front of the Frontex office in Brussels as further clarified by you: The link provided was to a news article about the AbolishFrontex demonstration that took place on 9 June that I refer to in my application. It was provided to you for further clarification and to avoid any further delays with the processing of my PAD. Please be informed that Frontex can grant you access to the documents, which are herewith attached. Please note however, that some limited parts of these documents had to be expunged as they contain: -    information relating to the security measures applicable to Frontex staff and premises, which were introduced in response to a physical attack on Frontex office. The disclosure of this information would pose a threat to effectivity of such measures, revealing Frontex vulnerabilities and facilitating such attacks i.a. by enabling the perpetrators of such attacks to foresee Frontex reactions to security incidents, thus limiting safety of its staff and office areas. It would therefore undermine the protection of the public interest as regards public security. Consequently, the access to those parts has to be refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. -    detailed information on the means of communication used by law enforcement officials. The disclosure of this information would put law enforcement officials’ work in jeopardy and harm the course of future and ongoing operations aimed at curtailing the activities of organized criminal networks involved in the smuggling and migrants and trafficking in human beings. 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). 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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As the disclosure of such pieces of information would undermine the protection of the public interest as regards public security, it must therefore be refused as laid down in Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    personal data, such as names of individuals 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 1049/2001; -    information relating to an ongoing investigation, whose disclosure at the present stage would jeopardise the ability of Frontex and Member States to evaluate and to verify, in this ongoing structured and formalized procedure, facts and information, possibly with a view to take a position. Consequently, access to the serious incident reports has to be refused based on Article 4(2) third indent of Regulation (EC) No 1049/2001 as their 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 these documents is ascertainable in the present case; -    information, whose disclosure would seriously undermine internal decision-making processes regarding current and future activities of Frontex. The ongoing discussions taking place within Frontex and under its auspices and involving numerous stakeholders require special protection. Namely, disclosing the redacted parts would reveal negotiation positions of the stakeholders, which would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions and thus, hamper ongoing and future negotiations. As no overriding public interest that is objective and general in nature and not indistinguishable from individual or private interests for the release of these documents is ascertainable in the present case, they cannot be released based on Article 4(3) of Regulation (EC) No 1049/2001. Kindly be reminded that the copyrights of the documents rest with Frontex and making these works, available to third parties in this or another form without prior authorisation of Frontex is prohibited. Please also note that Frontex does not assume liability stemming from the use of the documents. 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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