Letter from the Council of the European Union, 20 December 2000


"Dear Mr Bunyan,

Thank you for your e-mail of 14 December 2000 requesting access to the following documents:

1. 12855/00
2. 12855/1/00.

Public access to such documents is governed by Council Decision 93/731/EC (OJ L 340/43 of 31.12.1993). The General Secretariat has carefully examined your application in the light of this Decision and has drawn the following conclusions:

Documents 12855/00 and 12855/1/00 are Notes from the Working Party on Police Cooperation to the Article 36 Committee on the Relations between the first and third pillars on advanced technologies, the Commission proposal for a Directive of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector. The document contains delegations' positions relating to the matter which is still under discussion at the Council. Disclosure of this document could impede the efficiency of the ongoing deliberations. Having weighed your interest in obtaining access to this document against the general interest in the effectiveness of discussion within the Council, which requires, in the present case, the confidentiality of its deliberations, the General Secretariat has concluded that the latter outweighs the former and that, consequently, the document cannot be made available to you pursuant to Article 4(2) of the Decision."

Document 12855/00, which the Council admits in the letter exists, is not listed on the Council's public register of documents but is now on the Statewatch website: Key Documents

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