reply-letter-61

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

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The letters sent after the entry into force of Regulation (EU) 2019/1896 in which the Frontex Fundamental Rights Officer informed the Executive Director about possible violations of fundamental rights, in addition, the information that the Fundamental Rights Officer has subsequently received from the Executive Director on the incidents queried, which the Executive Director is obliged to do under Article 109(3) of the Frontex Regulation and, accordingly, to ensure appropriate follow-up, finally, the reports to be sent to the Fundamental Rights Officer within a specified period of time or at regular intervals with regard to the follow-up of the incidents, in which the implementation of disciplinary measures and the follow-up measures of the Agency are to be documented. whose paragraph 3 was further clarified by you as follows: 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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i mean all reports submitted to the Fundamental Rights Commissioner with regard to the follow-up of the above-mentioned incidents, which should document the implementation of disciplinary measures and the follow-up of the agency. Please find the documents herewith attached with redactions pertaining to: -    personal data, and more specifically names of individuals and/or characteristic features which could lead to the identification of individuals. Their 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 have to be precluded pursuant to Article 4(1)(b) of Regulation (EC) No 1049/2001.2 -    details of the operational area. As ongoing operations tend to cover similar operational areas as the operations conducted in preceding years, disclosing details of previous operational areas would be tantamount to disclosing the current state of play. This would provide smuggling and other criminal networks with intelligence, enabling them to change their modus operandi and ultimately put the life of migrants in danger. Consequently, the course of ongoing and future operations of similar nature would be hampered by depriving the operations of any strategy and element of surprise, ultimately defeating their purpose to counter and prevent cross- border crime and unauthorized border crossings. In this light, the disclosure of documents containing such information would undermine the protection of the public interest as regards public security within the meaning of Article 4(1)(a) first indent of Regulation (EC) No 1049/2001; -    information regarding the number and profiles of officers deployed in the operational area. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. As a result, the course of ongoing and future similar operations would be hampered, ultimately defeating their purpose to counter and prevent cross-border crime and unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down in Article 4(1)(a) first indent of Regulation (EC) 1049/2001; 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. 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. 2 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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