Introduction

1. These Guidelines are issued by the European Ombudsman following an own-initiative inquiry into the different practices adopted by the EU Agencies regarding the issue of disclosure of the names of selection board members[1].

2. The objective of the Guidelines is to assist the EU Agencies to ensure the correct balance between (i) the needs of transparency, (ii) the legitimate requirements of confidentiality in the work of selection boards and (iii) the fundamental right to personal data protection.

3. In formulating the Guidelines, the Ombudsman took into consideration the following points:

(i) Appropriate transparency in the work of selection boards plays an important role in promoting citizens’ confidence in the integrity and objectivity of selection procedures and the absence of any conflict of interest.

(ii) The secrecy relating to the deliberations and proceedings of selection boards was introduced with a view to guaranteeing the independence of these boards and the objectivity of their proceedings, by protecting them from all external interference and pressure.  Therefore, observance of this secrecy requirement precludes the disclosure of the views expressed by individual members of selection boards.

(iii) Keeping secret the views of individual selection board members is not, however, the same as keeping their identities secret. Whilst the former protects members of selection boards from external pressure, the latter risks creating a climate of mistrust, for example, by encouraging suspicions about possible conflicts of interest or even doubts about the competence and merits of the members. It is therefore necessary, in the public interest, to disclose the names of selection board members.

(iv) Disclosure of the names of the members of Selection Boards involves the processing of personal data by the EU Agency concerned, which must comply with Regulation 45/2001[2].

The Guidelines

Guideline 1 - Establishing a Proactive Policy

4. Good administration requires EU Agencies not only to deal correctly with requests for public access to documents and information, but also to decide, in a proactive manner, what information and documents to make available to the public[3].

5. The question of access to the names of selection board members arises quite often. In the interests of efficiency and consistency, each Agency should therefore establish a proactive practice regarding disclosure of names, rather than confine itself to responding to requests for access on a case-by case basis.

Guideline 2 - Schemes of Proactive Disclosure

6. While each EU Agency should decide on a scheme that best corresponds to its specific organisational circumstances, all such schemes should take account of the following points.  

7. The practice of introducing members of the selection board by name at the beginning of the interview with candidates is a matter of courtesy rather than transparency. In fact such practice does not ensure adequate dissemination of information for the purposes of transparency, as it effectively excludes candidates who were not invited for an interview from knowing the identity of the selection board members. 

8. It is good administrative practice to inform all candidates of the composition of the selection board by letter or by other appropriate means, such as information sheets, e-mails, e-recruitment messages. The information regarding the composition of the selection board should be provided to candidates in good time, for instance in the letter acknowledging receipt of their application, and at the latest together with the information regarding the outcome of their application.

9. Adequate publication of the composition of the selection board on a dedicated webpage on the Agency's website sufficiently in advance of interviews with candidates also constitutes good administrative practice, which should make it unnecessary to inform candidates individually. 

Guideline 3 - Safeguarding the selection board's independence and the integrity and objectivity of selection procedures

10. EU Agencies should put in place appropriate procedures and safeguards in order to safeguard the independence of the members of the selection board and the integrity and objectivity of selection procedures. Such measures could include:

- establishing a clear policy on the prevention of conflicts of interest, and informing all selection board members of it,

- informing candidates that they are not allowed to contact personally members of selection boards, and that doing so constitutes grounds for disqualification from the procedure, and

- requiring selection board members immediately to report any attempt made by candidates or third parties to contact or influence them in relation to the competition.

Guideline 4 - Complying with EU personal data protection rules

11. In implementing a proactive policy regarding disclosure, EU agencies should respect the provisions of Regulation 45/2001 in order to safeguard the fundamental right to data protection. The proactive policy should explain the necessity for the processing of personal data involved, as described in these Guidelines, and the balance that the policy represents between the public interest in transparency and the fundamental right to data protection.

12. Members of selection boards should therefore be informed, prior to their appointment, that their names will be disclosed to candidates and that consent to such disclosure is a condition of appointment. In cases where a prospective member of a selection board objects to such disclosure, the invitation to sit in the selection board should be withdrawn.

13. In case of publication of the composition of the selection board on the Agency's website, members of the selection board should be informed that their names will be published on the Agency's website. They should also be informed of their right to object, on compelling legitimate grounds, to such publication. However, the attention of these members of the selection board should be drawn to the fact that their names will nevertheless be disclosed to candidates[4].

Emily O'Reilly