Head of the Inspection and Control Office European Border and Coast Guard Agency (Frontex)

Dear Dr X,

The Ombudsman has received a complaint against Frontex. The complaint concerns Frontex’s handling of the complainant’s request for public access to documents made on 10 December 2021 (PAD-2021-00343).

The complainant requested public access to all documents Frontex disclosed following requests for public access for the periods from 20 November 2020 to 10 December 2021 and from 2016 to the end of 2018. The complainant also asked for the text of these requests.

In an effort to find a fair solution, Frontex suggested dividing the application into 14 batches (“queuing”), given that it is already dealing with another access request from this complainant (PAD-2021-00333) and the large volume of the request. Frontex invited the complainant to suggest alternative solutions.

The complainant opposes the suggested splitting of the request. He considers that it is not based on solid reasons and asks that his request be handled within the statutory time limit.

We have decided to open an inquiry into this complaint. For the purposes of this inquiry, we consider that it would be useful to hold a meeting with relevant representatives of Frontex to obtain information on Frontex’s practices regarding the handling of documents it had previously redacted and disclosed.

In order to have a better understanding of Frontex’s practice in this regard, we would find it useful if the following questions could be addressed at the meeting:

1. How and where does Frontex store documents that were previously redacted and disclosed?

2. Does Frontex have a list of previous requests for public access?

3. Does Frontex review the released documents to see whether wider access should be granted?

4. Has Frontex considered starting to redact the personal data in the text of the requests and, if it is not in a position to complete this redaction work within 15 working days, asking for an extension?

5. Has Frontex considered offering to release rapidly the documents that have already been redacted and to provide the complainant with a reference table so he can easily identify which documents correspond to which public access request?

We would appreciate it if you could also provide us at the meeting with an update on the state of play of Frontex’s public register and the intention to make documents available that had been released following a request for public access.

We would be grateful if your office could contact Ms Silvia Fuller who is in charge of this inquiry, to agree the arrangements for the meeting to take place before 26 January 2022.

Information or documents that Frontex considers to be confidential will not be disclosed to the complainant or any other person without your prior agreement.^[1]

Yours sincerely,

 

Rosita Hickey
Director of Inquiries

Strasbourg, 17/01/2022

 

[1] Please clearly mark such material ‘Confidential’. Encrypted emails can be sent to our dedicated mailbox.  Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.