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The decision of the European Data Protection Board not to grant public access to the preparatory documents of its guidelines on the processing of personal data in the context of the provision of online services to data subjects

The complainant requested public access from the European Data Protection Board to related to its preparation of guidelines on the processing of personal data in the context of the provision of online services to data subjects. The EDPB identified 11 documents falling under the scope of the complainant´s request, but granted access to only parts of two of those documents. In doing so it invoked exceptions provided for in the EU's rules on public access to documents, arguing that disclosure would under its internal decision-making process and privacy.

Having inspected the documents, the Ombudsman found that the EDPB's arguments were not justified and proposed as a solution that the EDPB grant the widest possible access to the identified documents.
The EDPB granted wider access to the requested documents, and the Ombudsman therefore closed the inquiry as settled.