Openness and data protection in the European Union

The paper discusses the exception to the right of public access to documents under Regulation 1049/2001 for the protection of 'privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.' The paper analyses the principle of openness, which has special importance for the legitimacy of governance at the level of the Union institutions and the conceptual relationship between privacy and data protection, including analysis of the relevant case law of the European Court of Human Rights. The paper concludes by offering an interpretation of the exception that manages the area of potential conflict between the right of privacy and the right of public access by carefully defining the scope of the two rights.