Secretariat‐General Head of Unit - C2 Ethics, Good Administration & Relations with the European Ombudsman European Commission

 

 

Dear Mr X,

The Ombudsman has received a complaint against the European Commission. The Ombudsman has asked me to deal with the case on her behalf.

The complaint concerns the Commission’s refusal to give public access[1] to two documents, namely an email from a technology company in relation to the Artificial Intelligence Act and its attachment.

At initial stage, the Commission disclosed some documents but refused to give public access to the two documents in question. In doing so, the Commission relied on the protection of privacy and the integrity of the individual[2] and the protection of commercial interests of a natural or legal person.[3]

The complainant then made a confirmatory application, challenging the application of the exception for the protection of commercial interests. In the absence of a reply within the extended time limit, which expired on 29 November 2023, the complainant turned to the Ombudsman.

We have decided to open an inquiry into the complaint against the Commission’s implicit decision to refuse access under Regulation 1049/2001.

As a first step, we consider it necessary to review the two documents at issue, along with any documentation relating to the consultation of third parties (to the extent that it already exists). We would be grateful if the Commission could send us copies of these documents, preferably in electronic format through encrypted e-mail,[4] by 8 January 2024.

We note that the extended time limit for the Commission to issue a response to the complainant’s confirmatory request expired in November. We therefore urge the Commission, if it has not done so in the meantime, to provide the complainant with a confirmatory response, and to send us a copy of that response, by 22 January 2024.

Similarly, should the Commission wish to provide additional views, to be taken into account by the European Ombudsman during this inquiry, we would be grateful if they could be provided to us within fifteen working days from the receipt of this letter, that is, 22 January 2024.

The documents subject to the public access request will be treated confidentially, along with any other material the Commission chooses to share with us that it marks confidential. Documents of this kind will be handled and stored in line with this confidential status and will be deleted from the Ombudsman’s files shortly after the inquiry has ended.

The inquiries officer responsible for this case is Ms Oana Marin.

Yours sincerely,

Rosita Hickey
Director of Inquiries

Strasbourg, 20/12/2023

 

 

[1] Under Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32001R1049.

[2] Article 4(1)(b) of Regulation 1049/2001.

[3] Article 4(2), first indent of Regulation 1049/2001.

[4] Encrypted emails can be sent to our dedicated mailbox.