Microsoft Word - PAD-2021-00268-reply

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

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- All Data Protection Impact Assessments (DPIA) for PeDRA project (including Pilot exercise) since 2015 - Any evaluation(s) of the PeDRA Pilot Exercise (that ran from February 2016 until January 2017) as well as any evaluation(s) of the subsequent PeDRA project - All documents (including but not limited to emails, attachments, reports, minutes of meetings, etc.) related to exchanges between the Frontex Data Protection Officer and the EDPS regarding the PeDRA project since November 2018 - All exchanges between Frontex Data Protection Officer and Brussels Liasion Office regarding the PeDRA project between May 2018-December 2018. as further clarified by you: Please let me rephrase indent 3: All documents exchanged between the Frontex Data Protection Officer and the EDPS regarding the PeDRA project since November 2018. Please be informed that under indents 1, 2 and 3 of your application Frontex identified 13 documents. Kindly find seven documents herewith attached. Please note, however, that some limited parts of the documents fall under exceptions under Article 4 of Regulation (EC) No 1049/2001 and therefore had to be expunged with detailed justifications in the attached legend. Access to one document must be refused in its entirety pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 as it contains information obtained during a debriefing interview carried out during a joint operation. Debriefing interviews aim at enhancing operational activities involving 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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Frontex and participating Member States. The information collected, e.g. in regard to routes, modus operandi and involvement of facilitators and traffickers in human beings, contributes to enhancing situational awareness and supporting criminal investigations in Member States. The disclosure of information provided by the interviewees in confidence may lead to the possible identification of individual migrants by specific criminals who have been facilitating those migrants' travel from the country of origin to the embarkation points/the sea crossing. In addition, this could create the perception that participation in debriefing interviews would put the interviewee or their relatives at risk. Ultimately, the participation in debriefing interviews would decrease which, in turn, would impede planning and implementation of Frontex operational activities dependent on this source of intelligence. Lastly, disclosing the content of the interviews would be equivalent to the disclosure of operational information which forms the base for planning and implementation of current and future joint operations. Consequently, disclosing this document would undermine the protection of the public interest as regards public security and therefore access is refused pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. A partial release was thus not possible. Access to the five further documents has to be refused as they contain: -    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 whose disclosure would seriously undermine internal decision-making processes regarding current and future activities of Frontex and Member States. 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 positions of the stakeholders, which would erode the mutual trust among all participants. Such information would enable third parties to draw preliminary conclusions, thus hampering ongoing and future decision-making processes. 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. A partial release of these six documents could not be undertaken, as their redaction would be disproportionate in relation to the parts that are eligible for disclosure, simultaneously undermining the principle of sound administration. More specifically, the administrative burden necessary to identify and redact the releasable elements would be disproportionate to the interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, a partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. As regards indent 4 of your application, please be informed that Frontex does not hold such documents. Kindly be reminded that the copyright of the document/s rests with Frontex and making this/these work/s 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 document/s. 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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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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