reply-letter-65

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

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- All Public Access to Documents requests sent to Frontex since January 1, 2021, and the full responses to same - All email correspondence between fundamental rights officer Jonas Grimheden and executive director Fabrice Leggeri since June 1, 2021 - All email correspondence between fundamental rights officer Inmaculada Arnaez and executive director Fabrice Leggeri since January 1, 2021 - All complaints received via the Frontex Complaints Mechanism since January 1, 2021 - All complaints received by Frontex's human resources department about Executive Director Fabrice Leggeri and Head of Cabinet Thibauld de La Haye Jousselin - All surveillance video captured by the 2-WKTJ Eagle 1 surveillance aircraft between 1450 and 1510 UTC on February 4, 2021 Indent one was further clarified by you 21 October 2021: all the written responses and all the documents sent by Frontex in response to all Public Access to Documents requests since January 1, 2021 Indent one was further narrowed down by you on 2 November 2021: All Public Access to Documents requests sent to Frontex between October 1, 2021, and October 31, 2021 Regarding indent 1 of your application, please find 62 documents attached. Please not that some parts contain personal data, such as 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. 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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Regarding indent 2 of your application, please find 16 documents (enumerated 0b to 9a) attached. Access to one additional document has to be refused its disclosure would undermine the protection of the public interest as regards international relations as laid down in Article 4(1)(a) third indent of Regulation (EC) No 1049/2001. Effective cooperation with third countries is crucial for Frontex and therefore, the unilateral disclosure of this documents must be refused as such would jeopardise the mutual trust of all parties, an essential prerequisite for establishing international relations. Consequently, the disclosure of the document would negatively effect on the ability of Frontex and other parties to establish a meaningful cooperation or engagement. In this regard, it is not possible to provide further information as to further justifications impeding the disclosure of the documents without revealing their contents and thereby depriving this exception of its very purpose. Regarding indent 3 of your application, please be informed that Frontex does not hold any documents. Regarding indent 4 of your application, please be informed that Frontex has identified 19 documents access to which has to be refused as their absolute majority constitutes personal data, as explained above. Regarding indent 5 of your application, please be informed that Frontex does not hold any documents. Regarding indent 6 of your application, please be informed that Frontex has identified one document access to which must be refused as it contains details crucial for situational awareness at the external borders of the European Union which is used by Frontex to conduct its operational activities. The disclosure of this information would hamper the effectiveness of Frontex operations and jeopardise the efforts carried out by the European Union and Member States to curtail criminal activities at the external borders. The information contained in the document would thus benefit criminal networks especially those involved in people smuggling and trafficking in human beings, which would eventually also put the lives of migrants in danger. Hence, the disclosure of the document would undermine the protection of the public interest as regards public security and has to be refused based on Article 4(1)(a) first indent of Regulation (EC) No 1049/2001. Concerning those documents that could not be released under indents 2, 4 and 6, please be informed that their partial release could not be undertaken, as the necessary redaction would be disproportional 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 materials would be disproportionate to the public interest in the disclosure exercise itself, while the released documents would not convey any informative value due to their significantly reduced form. Consequently, the partial disclosure of the documents at issue must be refused owing to the particular circumstances of the present case. 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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