

The complainant raised concerns with how the European Data Protection Board (EDPB) adopted an opinion on the use of facial recognition in airports. In particular, the complainant asserted that the EDPB had negatively affected the rights and interests of stakeholders by failing to consult with interested parties before adopting its opinion.
The Ombudsman opened an inquiryand asked the EDPB to set out how it assessed the need to carry out a public consultation and on what basis it concluded it was not necessary to do so. She also asked to inspect the EDPB’s internal documentation concerning this assessment.
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Chair of the European Data Protection Board European Data Protection Board |
Dear Ms X,
I have received a complaint against the European Data Protection Board (EDPB) concerning how it adopted its Opinion 11/2024 on the use of facial recognition in airports.
The complainant claims, among others, that, in preparing the opinion, the EDPB failed to consult interested parties as set out in the General Data Protection Regulation (GDPR)[1], thereby negatively affecting the rights and interests of relevant stakeholders.
I have decided to open an inquiry into this aspect of the complaint to obtain clarifications from the EDPB on this matter.
The GDPR provides that, where appropriate, the EDPB has to consult interested parties.[2] The EDPB rules of procedure use the same general wording.The 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.