
Ref. Ares(2024)807545 - 02/02/2024
Mr. Arun Dohle
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Brussels, 02/02/2024
Subject: Review of the Office’s initial decision on your application for public access to
documents concerning requests for review
Dear Mr. Dohle,
I refer to your email of 26 January 2024 by which you requested us to review the Office’s
initial decision on your request for public access to documents concerning the Ombudsman’s
attendance at the 2008 Fall Meeting of the American Bar Association - a ‘confirmatory
application’ under Article 7(2) of Regulation 1049/2001 and the Ombudsman’s Decision on
the handling of requests for public access to documents.
Your request was registered on 26 January 2024 under the reference Ares(2024)596695. In
accordance with Regulation 1049/200l, the time limit for replying to your request expires on
15 February 2024.
In your confirmatory application, you requested access to (i) the list of participants and (ii)
the invitation to the meeting and state that the Ombudsman as a public institution is
required to maintain records for transparency and accountability purposes. The Office has
over the last sixteen years moved from a paper-based system of record-keeping to a digital
one in line with good administrative practices. In addition, the Office has used different ICT
tools to handle the digital recording of documents and records, for accountability and
transparency purposes. As explained in the initial reply, in accordance with the EU’s
Financial Regulation1, financial documents, such as those related to or supporting missions
of the Ombudsman must be retained for a period of five years from the date of the Discharge,
after which they may be destroyed by the appointing authority. In similar terms, in line with
the Ombudsman’s current records management decision, administrative documents
concerning events or visits of the Ombudsman must be retained for a period of five years.
1 Article 75 of Regulation (EU, Euratom) 2018/1046
Brussels
Strasbourg
Postal address
+ 33 (0)3 88 17 23 13
Rue Froissart 87
Havel Building - Allée Spach
1 Av. du Président R. Schuman
ombudsman.europa.eu
B-1000 Bruxelles
F-67000 Strasbourg
CS 30403
F-67001 Strasbourg Cedex
Notwithstanding the retention periods mentioned, we have conducted further searches in
our electronic databases and ICT tools, including former applications no longer in use by
this Office, and regret to inform you that we are not in possession of these two documents.
As regards the documents identified and provided in our initial reply, we note that you
contest the limited redaction of personal data based on the fact that the identity of the data
subject is in the public domain and that the American Bar Association is a registered
lobbyist. However, notwithstanding the fact that some of the information redacted may be
public in nature, this does not alter the fact that the information comprises personal d ata.
To recall, ‘personal data’ means any information relating to an identified or identifiable
natural person […]’2. In order for ‘personal data’ to be transmitted to you, you must
demonstrate that it is necessary for you to have the data for a specific purpose in the public
interest. Only where this is established, is the Ombudsman required to assess whether there
is any reason to assume that the data subject’s legitimate interests might be prejudiced, and
if so, to consider if it is proportionate to transmit the personal data for that specific purpose
after having demonstrably weighed the various competing interests 3. In this instance, you
refer to the fact that the association is a registered lobbyist and that the conference took pl ace
‘in the framework of the influencing EU policies’ to support your claim of the existence of a
specific purpose in the public interest. However, the fact that part of the redacted
information is public means that your claim of necessity is moot. As such , we do not believe
that you have demonstrated the necessity of the transfer of personal data and thus we cannot
provided wider partial or full access to the documents provided.
We trust that these additional explanations are of assistance in explaining h ow we have
identified the documents within scope and how we have applied the exception to disclosure
concerning the protection of personal data.
You can either submit a complaint to the Ombudsman or bring an action against this
decision before the General Court of the European Union. The time limit for bringing an
action before the General Court is two months. If you have any questions, please take contact
with the staff member handling your request whose contact details have already been
communicated to you. For your recollection, it is Jennifer King who can be contacted at
xxxxxxxx.xxxx@xxxxxxxxx.xxxxxx.xx and/or +32 47 33 41541.
Yours sincerely,
Rosita Hickey
Director of Inquiries
2
Article 3(1) of Regulation (EU) No 2018/1725
3
Ibid cf Article 9.
2