Head of the Corporate Affairs Bureau EU Agency for Law Enforcement Cooperation (Europol)

Dear Mr X,

The Ombudsman has received a complaint against the European Union Agency for Law Enforcement Cooperation (Europol).

The complaint is a follow-up to a previous Ombudsman inquiry[1] concerning public access to documents related to the proposal for a Regulation to prevent and combat online child sexual abuse (CSAM). Following the Ombudsman’s intervention in that previous case, Europol reassessed the complainant’s access request and provided partial access to the documents it identified.

The complainant is, however, dissatisfied with the access granted in relation to 15 documents, out of which eleven documents were partially disclosed:

• As regards exchanges between Europol and the US-based foundation Thorn covering the period 1 January 2021 - 24 February 2023: documents (5) 1363279, (6) 1364509, (7) 1364515, (8) 1364517, (9) 1364519, (10) 1364522, (11) 1364524, (13) 1364533, (16) 1364562, (20) 1364580;
• As regards exchanges with the European Commission regarding online child sexual abuse/exploitation and/or the proposed CSAM Regulation covering the period 1 January 2022 - 24 February 2023: documents (1) 1314692 – Record of meeting, (2) 1225400 - flowchart, (3) 1228947 – legal text pertaining to the proposal for a CSAM Regulation, (4) 1229034 - legal text pertaining to the proposal for a CSAM Regulation, (5) 1193385 – Briefing Note and (6) 1233769 – Record of Meeting.

We have decided to open a new inquiry into Europol’s decision to refuse (full) access to these 15 documents.

As a first step, we consider it necessary to inspect the documents at issue. We are aware that Europol has, in the context of the previous inquiry, provided the Ombudsman with the documents falling within the scope of the complainant’s original request. However, in order to ensure that we are inspecting the correct set of documents, we would kindly ask Europol to provide us with the 15 documents at issue in this complaint (if possible, marked copies indicating which parts were disclosed to the complainant and which were not, and the reasoning for the redactions). In addition, we consider it necessary to inspect the documents relating to any consultations with third parties on the public access request, at initial and confirmatory stage.

We would be grateful if Europol could send us the above documents, preferably in electronic format through encrypted e-mail,[2] by 5 August 2024, if possible.

The documents subject to the public access request will be treated confidentially, along with any other material Europol 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.

Europol’s position has been set out in its confirmatory decision of 9 July 2024. However, should Europol wish to provide additional views, to be taken into account by the 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, by 19 August 2024.

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

Yours sincerely,

Rosita Hickey
Director of Inquiries

Strasbourg, 29/07/2024

 

[1] Case 1167/2023/PB https://www.ombudsman.europa.eu/en/case/en/64232

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