The case concerned the refusal by the European Union Agency for Cybersecurity (ENISA) to give public access to documents related to an investigation by the European Anti-Fraud Office (OLAF) into misconduct by one of its staff members. In refusing access, ENISA relied on an exception under the EU legislation on public access to documents, arguing that disclosure would undermine the need to protect the privacy and integrity of the individuals mentioned in the documents, including the person concerned by the OLAF investigation.
The Ombudsman found that the complainant had not established a need for disclosure of the personal data in the public interest, as required by the EU legislation on data protection. ENISA had therefore been justified in refusing to disclose any personal data contained in the documents at issue. However, based on the arguments put forward by ENISA, the Ombudsman was not convinced that the documents at issue constituted personal data in their entirety. SheThe Defensor del Pueblo is the High Commissioner of Parliament responsible for defending citizens’ fundamental rights and civil liberties by monitoring the activity of the Administration and public authorities. Any citizen may request the intervention of the Defensor del Pueblo, which is free of charge, to investigate any alleged misconduct by public authorities and/or the agents thereof. The office of the Defensor del Pueblo can also intervene ex officio in cases that come to their attention without any complaint having been filed.
The European Ombudsman is an independent and impartial body that holds the EU’s institutions and agencies to account, and promotes good administration. The Ombudsman helps people, businesses, and organisations facing problems with the EU’s administration by investigating complaints about maladministration by EU institutions and bodies, as well as by proactively looking into broader systemic issues.