The complainant asked the European Data Protection Board (EDPB) to grant public access to all documents (including preparatory documents) concerning different EDPB statements and guidelines on international data transfers. The EDPB identified over 100 documents as falling under the request and granted full access to certain documents and parts others. In refusing access to the rest (the majority of documents), the EDPB invoked exceptions under the EU's rules on public access to documents, arguing that disclosure could undermine ongoing decision-making processes, ongoing investigations and ongoing court proceedings.

Based on an inspection of the documents by her inquiry team, the Ombudsman was not convinced by the reasons put forward by the EDPB to refuse access. She thus proposed as a solution that the EDPB reassess the request and reconsider its decision to deny access. The EDPB did not accept the solution proposal. The Ombudsman therefore concluded that how the EDPB dealt with the request constitutes maladministration, and made a recommendation that the EDPB reassess the request and reconsider its decision to deny access.

The EDPB reacted positively to the Ombudsman´s recommendation and granted wider access to the requested documents. The Ombudsman closed the case, but reminded the EDPB that, if it decides to apply an exception to the right of public access, it should ensure that it properly assesses the risk posed by the disclosure for each individual document or part of a document.