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How the European Border and Coast Guard Agency (Frontex) dealt with a request for public access to documents concerning social media monitoring related to migration routes

The complainant asked the European Border and Coast Guard Agency (Frontex) for public access to documents concerning social media monitoring, including regarding potential cooperation with the EU Agency for Law Enforcement Cooperation (Europol). Frontex identified 55 documents as falling under the scope of the request. It granted access to parts of 32 of the documents and refused access to 23 documents. In doing so, it invoked exceptions under the EU legislation on public access to documents, arguing that disclosure could undermine internal decision making, public security and international relations. It also stated that it would represent a disproportionate administrative burden to review and apply potential redactions to disclose parts of the documents.

Based on an inspection of the documents, the Ombudsman proposed as a solution that Frontex review its position on the request with a view to granting wider partial access to the documents concerned. In reply, Frontex granted wider partial access to the documents at issue, and it agreed to share a list of documents with the complainant. The Ombudsman therefore closed the case, finding that her solution has been partially accepted.