Refusal by the European Data Protection Board to grant full public access to draft versions of its statement on international agreements including transfers

European Data Protection Board (EDPB) refused to grant full public access to draft versions of its statement on international agreements including transfers. The European Ombudsman was not convinced by the reasons put forward by the EDPB to refuse access.

The complainant asked the European Data Protection Board (EDPB) for public access to draft versions of its statement on international agreements including data transfers. Following a separate Ombudsman inquiry, the EDPB identified additional documents as falling under the complainant's request, however it refused access to these documents. In doing so, it invoked an exception provided for in the EU legislation on public access to documents, arguing that disclosure could undermine the decision-making process.

Based on an inspection of the documents, the Ombudsman was not convinced by the reasons put forward by the EDPB to refuse access, and proposed as a solution that the EDPB reassess the request and reconsider its decision to deny access to those documents falling within the scope of the complaint. 

The EDPB did not follow this solution proposal and invoked an additional exception for refusing access. As a consequence, the Ombudsman made a finding maladministration, and recommended that the EDPB disclose the documents. 

Read the Recommendation here

Comments

Post a Comment

Popular posts from this blog

Greek Administrative Court rules state liable for Covid-19 vaccine side effects due to "excessive sacrifice"

Image
Greece: The Administrative Court of First Instance of Athens, in its decision no. 4202/2025, has ruled that the Greek State is liable for damages sustained by an individual due to side effects following a preventive "COVID-19" vaccination. This landmark decision was issued in a compensation lawsuit filed against the Hellenic Republic. The Case: Seeking Compensation for Vaccine-Related Harm The lawsuit was brought by a plaintiff seeking compensation for material damage and moral harm (non-pecuniary damage), alleging that they suffered severe side effects after their preventive COVID-19 vaccination with a specific vaccine. The initial claim was for €461,835.26, but this amount was subsequently restricted during the proceedings. The plaintiff based their claim on two legal grounds: Article 105 of the Introductory Law of the Civil Code (EισNAK): This article concerns the State's liability for compensation arising from illegal acts or omissions of its organs in the exe...
Read more

THE CONCEPT OF WORKER (IN ARTICLE 45 TFEU)

Image
By Mpia Tsolaki, Lawyer** Freedom of movement for workers is founded on Article 45(1) TFEU and enshrined in fact in the abolition, set out in its second paragraph, of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment [1] . That prohibition has been regarded since the beginnings of the establishment of the single European Market as an indispensable corollary to its full integration since it has crucially promoted mobility of the workforce throughout the European Union (hereinafter EU) [2] .  From that point of view, it is therefore of outmost importance for ascertaining its ambit to determine at the outset the concept of "worker", which is not defined by neither the primary nor the secondary EU legislation. As expected, the Ariadne’s thread has been offered by the European Court of Justice (hereinafter ECJ) that has been constantly producing an ample case-law, which keepi...
Read more

Cyprus Family Law: Spouse's claim for contribution in post-marital acquisitions

Image
by Giorgos Kazoleas, Lawyer* The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of the family home and family memb...
Read more

Alleged bullying of whistle-blowing prison guard - Violation of right to respect for private life (ECtHR)

Image
In its Chamber judgment in the case of Špadijer v. Montenegro (application no. 31549/18) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private life) of the European Convention on Human Rights. The case concerned the alleged bullying of a prison guard following her reporting an incident involving male prison guards coming into the women’s prison where she worked and their inappropriate contact with female prisoners, and her attempts to address this with the authorities. The Court found in particular that the manner in which the legal mechanisms had been implemented in the applicant’s case had been inadequate, constituting a violation of the obligation on the State to protect her rights. Facts of the case The applicant, Daliborka Špadijer, is a Montenegrin national who was born in 1978 and lives in Podgorica. In 2013 Ms Špadijer, then head-of-shift prison guard in a women’s prison, reported five colleagues for an ...
Read more

First judgment of the ECHR: Lawless v. Ireland

Image
60 years ago, on 14 November 1960, the Court delivered its first judgment, Lawless v. Ireland, with René Cassin as its President. The judgment concerned preliminary objections and procedural questions regarding the application, on which a judgment on the merits was delivered the following year. Since its inauguration the Court has delivered 23,291 judgments on just over 51,650 applications. The case was filed by Gerard Richard Lawless, who had been an IRA member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain from Ireland, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no pu...
Read more

Buying Property in Cyprus: Why Due Diligence is the Buyer's Legal Shield

Image
By Giorgos Kazoleas, Lawyer in Cyprus For most people, purchasing property in Cyprus is the most significant investment of their lifetime. However, behind an attractive photo in an online listing or a "bargain" price, hidden legal traps can easily turn a dream investment into a financial nightmare. Property Due Diligence is far more than a mere formality. It is a rigorous, essential investigation that ensures the property you are buying is legally "sound," free of encumbrances, and in full compliance with urban planning regulations. What Does a Comprehensive Legal Check Include? Before any contracts are signed or any funds are transferred to the Seller, the following elements must be subjected to a thorough legal audit: Ownership Status: Is the seller the actual and sole registered owner? Do they hold the full share of the property being sold? Encumbrances and Charges: Are there any active mortgages, "memos" (court judgments), or other regional bur...
Read more

The Delivery Delay Clause in Residential Construction Contracts: Consumer Protection in Cyprus and Europe

Image
By Giorgos Kazoleas, LL.M., Lawyer, Managing Partner at Legal Experts Cyprus The purchase or construction of a new residence is one of the most significant financial and personal decisions a consumer can make. Residential construction contracts or agreements for the sale of property under construction are a crucial and defining element of the entire process, as certain terms they may contain can be detrimental to the buyer. One of the most critical aspects is the contractual delivery time of the project and the provision for delay, through the so-called delivery delay clause. The Delivery Delay Clause: Its Role and Legal Nature The delivery delay clause (also known as a penalty clause in the event of default) is a term usually included in the contract that specifies a predetermined compensation amount that the contractor or seller must pay to the buyer for every day, week, or month of delay beyond the agreed delivery date. The purpose of the clause is twofold: -Compensatory: ...
Read more