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Summary of the decision in case 1569/2016/DR on the European Commission’s refusal to grant full access to an e-mail it received from an IT company during the preparation of the PassengerName Record (PNR) Directive

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  • Case: 1569/2016/DR
    Opened on 29 Oct 2016 - Decision on 19 Dec 2017
  • Institution(s) concerned: European Commission

The complainant, a Member of the European Parliament, claimed that the European Commission wrongfully refused to grant her full access to an e-mail it received from an IT company during its drafting of the Passenger Name Record (PNR) Directive. Only partial access had been granted. The complainant also argued that the Commission did not provide her with the opportunity to request a review of its decision refusing full access to the e-mail, which had been identified as relevant only at the review stage, not on consideration of her original request.

The Ombudsman asked the Commission whether it would reconsider its refusal to disclose all of a sentence it had redacted. The Commission eventually agreed to disclose more, but not all, of the redacted parts of that sentence.The Ombudsman decided that the Commission has taken adequate steps to settle that aspect of the complaint.

As regards the second issue, the Ombudsman found that there was no maladministration by the Commission.