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Decision in case 1936/2018/FP on how the Education, Audiovisual and Culture Executive Agency dealt with a request for access to personal data

Fredag | 29 mars 2019

The case concerned a refusal by the Education, Audiovisual and Culture Executive Agency to disclose the names of staff members who supervised a project in Macedonia.

The Agency refused access on the basis of EU data protection rules which require that the person asking for disclosure of personal data, such as names of persons, must show the necessity of disclosing the names of the persons in question. If that requirement is met, the public authority must still establish whether the legitimate interests of the staff members would be affected by the disclosure of their names and, if so, whether those legitimate interests were more important than the necessity put forward by the person asking for the disclosure of the names.

The Ombudsman found that the complainant has not explained why it was necessary for him to have access to the names. As such, the Agency was justified in refusing to disclose the names of the staff members at issue.