BRUSSELS - 24. July 2007 - In a recent decision, the EU-ombudsman further defined the exception of privacy. He stated that the Commission had failed to do it’s duty and give access to documents including the names of industry lobbyists.

A Dutch NGO had only received partly access to some documents, the names of industry lobbyists were blanked, as the Commission claimed, disclosure could expose lobbyists to undue pressure. The ombudsman however postpones taking action against the Commission awaiting the pending case at the European Court of Justice, Bavarian Lager vs Commission, which also deals with the question of the scope of public access.

In it’s explanation the Commission had stated, according to the Ombudsman’s decision, that privacy also includes persons at work according to the data protection regulation, and that the lobbyist’s privacy and integrity could be undermined, eventhough they acted in a professional capacity as employed lobbyists.

The decision was welcomed by the NGO, Corporate Europe Observatory from Amsterdam. “Blanking out names of industry is the opposite of transparency. The Ombudsman’s judgment is good news, also for those within the European Commission that are dedicated to improving openness in EU decision-making”, says Olivier Hoedeman, research coordinator at Corporate Europe Observatory.