Administrative Director European Union Agency for Criminal Justice Cooperation (Eurojust)

 

Dear Mr X,

I have received a complaint against the European Union Agency for Criminal Justice Cooperation (Eurojust). The complaint concerns the refusal of Eurojust to give public access to documents concerning the extraction of information from communication devices of migrants.

The complainant’s access request of 29 November 2024 concerned:

• ‘A "non-paper" or any other similar document shared by the Eurojust Connecting Point in Greece with the EU Regional Taskforce (EURTF) relating to the extraction of information from communication devices of migrants, mentioned in the minutes of the 10th EURTF for Greece meeting in July 2016; and
• Any other internal documents (including but not limited to legal assessments, reports, briefing notes) pertaining to the extraction of information from communication devices of migrants circulated within Eurojust and/or with any other EU agencies/bodies/institutions and/or Greek authorities during the period 1 June 2016-1 June 2017 and 1 January 2024-1 November 2024.’

On 6 January 2025, Eurojust informed the complainant that it had not identified any document falling under the scope of his request. Later in January, the complainant asked Eurojust to review its decision and to conduct a renewed search for relevant documents.

On 3 March 2025, Eurojust adopted a confirmatory decision in which it identified seven documents under the second point of the complainant’s access request. Eurojust informed the complainant that one of these documents was already public. Eurojust further provided partial access to the six remaining documents, with redactions to protect the public interest as regards public security, and personal data. As regards the first point of the access request, Eurojust confirmed that no documents were identified.

The complainant is dissatisfied with Eurojust’s refusal to provide full or wider partial access to six of the documents that Eurojust identified. Moreover, and although he does not challenge the redaction of personal data, the complainant also questions how Eurojust applied this exception to document 4, in light of the extensive redactions inserted therein. 

I have decided to open an inquiry into the complaint against Eurojust’s decision to grant only partial access to the six documents at issue under Regulation 1049/2001.

Regulation 1049/2001 states that applications for access should be handled promptly. It is in line with this principle that I also seek to deal with cases such as this as quickly as possible. As this is the first such case my Office seems to have with Eurojust, do please let us know if the timelines below pose a problem.

As a first step, I consider it necessary to review the documents at issue in the complaint.[1] I would be grateful if Eurojust could provide these documents, preferably in electronic format through encrypted e-mail,[2] by 24 April 2025. I would be grateful to receive marked copies indicating which parts were disclosed to the complainant and which were not, and the reasoning for the redactions.

The documents subject to the public access request will be treated confidentially, along with any other material Eurojust chooses to share with my Office that it marks confidential. Documents of this kind will be handled and stored in line with this confidential status and will be deleted from my Office’s files shortly after the inquiry has ended.[3]

Eurojust’s position has been set out in its confirmatory decision. However, should Eurojust wish to provide additional views, to be taken into account during this inquiry, I would be grateful if they could be provided to my Office within fifteen working days from the receipt of this letter, that is, 8 May 2025.

Please feel free to contact the inquiries officer responsible for the case, Ms Amandine Le Bellec.

Yours sincerely,

Teresa Anjinho
European Ombudsman

Strasbourg, 14/04/2025

 

[1] It is our understanding that Eurojust did not conduct third party consultations in this case. However, if third party consultations were conducted, we would be grateful to receive them too.

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

[3] Please clearly mark such material ‘Confidential’. Information and documents of this kind will be deleted from the European Ombudsman’s files shortly after the inquiry has ended.