Please download pdf document attached.
The complainant sought public access to the European Commission’s letter of formal notice in an infringement procedure concerning Finland’s alleged failure to comply with the Water Framework Directive. The Commission refused access to the letter in its entirety. In doing so, it invoked an exception under the EU legislation on public access to documents, arguing that disclosing the letter could undermine the protection of the purpose of investigations.
Dissatisfied with this reply, the complainant asked the Commission to review its decision. He argued that there was an overriding public interest in disclosure as the requested documents concern emissions into ground water and surface water. When the Commission maintained its refusal to disclose the document, based on the need to protect the purpose of investigations and a related general presumption of confidentiality, the complainant turned to the Ombudsman.
The Ombudsman inquiry team inspected the document at issue. ThThe case concerned a request for public access to documents held by the European Commission related to concerns about professional conduct raised by members of the International Monitoring Operation in Albania. The Commission identified one document (a letter) as falling within the scope of the request and granted partial access to it. It refused access to parts of the letter based on the need to protect privacy and the public interest as regards the EU’s international relations.
The Ombudsman inquiry team reviewed the document and confirmed that the parts withheld contain personal data and sensitive information. The Ombudsman found the Commission’s arguments justifying the redactions of personal data to be reasonable. She also found that it was not manifestly wrong for the Commission to argue that disclosure of certain sensitive parts of the letter would undermine the EU’s international relations with Albania.
The Ombudsman therefore closed the inquiry finding no malaThe Defensor del Pueblo is the High Commissioner of Parliament responsible for defending citizens’ fundamental rights and civil liberties by monitoring the activity of the Administration and public authorities. Any citizen may request the intervention of the Defensor del Pueblo, which is free of charge, to investigate any alleged misconduct by public authorities and/or the agents thereof. The office of the Defensor del Pueblo can also intervene ex officio in cases that come to their attention without any complaint having been filed.
The European Ombudsman is an independent and impartial body that holds the EU’s institutions and agencies to account, and promotes good administration. The Ombudsman helps people, businesses, and organisations facing problems with the EU’s administration by investigating complaints about maladministration by EU institutions and bodies, as well as by proactively looking into broader systemic issues.