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The refusal by the EU Agency for Law Enforcement Cooperation (Europol) to disclose documents related to its communication with the European Commission on draft EU legislation on child sexual abuse (CSAM regulation)
Case 1167/2023/PB - Opened on Thursday | 13 July 2023 - Decision on Monday | 15 July 2024 - Institution concerned European Union Agency for Law Enforcement Cooperation ( Settled by the institution ) - Country United Kingdom
Complaint submitted
23/06/2023Analysis of the complaint
26/06/2023Inquiry ongoing
13/07/2023Preliminary outcome
29/11/2023Inquiry outcome
15/07/2024
The complainant asked the EU Agency for Law Enforcement Cooperation (Europol) to grant public access to documents related to its exchanges with the European Commission concerning draft EU legislation on online child sexual abuse. Europol identified four documents concerning exchanges with the Commission, but refused to disclose these documents. In doing so, it invoked exceptions under the EU's legislation on public access to documents, arguing that disclosure could undermine public security and an ongoing decision-making process. It identified no other documents as falling under the request. The complainant turned to the Ombudsman, arguing that Europol had not identified all documents that fell within his request.
In the course of the inquiry, the Ombudsman made a solution proposal to Europol that it reassess parts of the complainant's request with a view to identifying new documents following within the scope of the request and, should it do so, provide the complainant with a list of those documents. Europol accepted the solution proposal, and identified new documents and provided the complainant with a list of these documents. The Ombudsman therefore closed the inquiry as settled.