Söderman warns institutions on ‘secret decisions’

Date: 17/10/02

By Martin Banks

EU INSTITUTIONS have been accused of hiding behind data protection rules to make decisions in secret.

European Ombudsman Jacob Söderman says that 'misuse' of the rules by the Commission and the Parliament is undermining efforts for more transparency.

In a protest letter to Commission President Romano Prodi, Söderman said: 'This misinterpretation risks subverting the principle of openness and the public's right of access to documents, both at EU and member state level.'

Examples of the alleged misuse include the Parliament's continuing reluctance to publish a register containing the names of MEPs' assistants.

Söderman says that assistants are funded by EU taxpayers, so the public has a right to know their identity.

'This contribution to openness has been thrown into question by the argument that data protection gives assistants the right to remain anonymous,' he said.

He also criticises the assembly for refusing to make public the names of successful candidates in job recruitment competitions.

Söderman cites another example, in which an international newspaper applied for access to a register of approvals given for external activities of commission officials: 'The Commission supplied the register but deleted all the names of the officials concerned on the grounds that data protection rules give them the right to remain anonymous,' he said.

'These examples of misuse of data protection seem to be based on the idea that there exists a fundamental right to participate anonymously in public activities.

But the European Convention on Human Rights does not establish such a right and, furthermore, any such right would be incompatible with the principle of openness and the right of public access,' the Ombudsman warned.

EU institutions have been accused of hiding behind data protection rules to make decisions in secret. European Ombudsman Jacob Söderman says that 'misuse' of the rules by the European Commission and the European Parliament is undermining efforts for more transparency.