Head of Unit
Secretariat‐General
Unit SG.A.3 - Transparency & Ethics
European Commission

 

Dear Sir or Madam,

The Ombudsman has received a complaint against the European Commission concerning the Commission’s refusal to give public access[1] to documents related to investigations under the Digital Services Act (DSA) concerning the online platform TikTok in the context of the 2024 presidential elections in Romania. More specifically, the complainant asked for (a) documents provided by TikTok in response to the Commission’s request for information of 29 November 2024, (b) the retention order issued to TikTok under the DSA, referred to in a Commission press release on 5 December 2024, (c) any evidence made available within the informal Cyber Crisis Task Force, and (d) third-party reports regarding TikTok’s conduct in the Romanian elections.

In its initial reply, the Commission informed the complainant that it does not hold documents corresponding to point (c) of the request. As for points (a), (b), and (d) of the request, the Commission identified various documents, and it said that these exchanges are part of case files relating to proceedings[2] under the DSA. The Commission refused public access to the documents. In doing so, it relied on a general presumption of non-disclosure, referring to the exceptions for the protection of the Commission’s decision-making process,[3] the purpose of investigations,[4] and commercial interests[5] under Regulation 1049/2001.

Following the complainant’s confirmatory application, the Commission confirmed on 27 November 2025 that no access could be granted to the documents it identified because they are covered by a general presumption of non-disclosure arising from the exceptions for the protection of the purpose of investigations, and the protection of commercial interests.

The complainant is dissatisfied with this outcome. In addition, the complainant contends that the Commission did not sufficiently consider the existence of an overriding public interest in disclosure.

The Ombudsman has decided to open an inquiry into the Commission’s decision to refuse access under Regulation 1049/2001.

As a first step, the Ombudsman considers it necessary to review the documents at issue in the complainant’s request. The Ombudsman would be grateful if the Commission could send a copy of the documents identified, preferably in electronic format through encrypted e-mail,[6] by 30 January 2026.

The documents subject to the public access request will be treated confidentially, along with any other material the Commission chooses to share with the Ombudsman 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 Commission’s position has been set out in its confirmatory decision. However, should the Commission wish to provide additional views, they should be provided by 5 February 2026.

The inquiries officer responsible for the case is Nicholas Hernanz.

Yours sincerely,

Rosita Hickey
Director of Inquiries

Strasbourg, 15/01/2026

 

[1] In accordance with 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] DSA.100142, DSA.100107 and DSA.100141.

[3] Article 4(3) of Regulation 1049/2001.

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

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

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