Comment on European Transparency Law and the Public’s Rights of Access to App-Based Institutional Communications
This Meijers Committee comment contains expert input from the Ministry of Justice of Finland; FragDenStaat, Germany; SPOON, the Netherlands; Citizens’ Network Watchdog Poland, the Department of Legal Theory and Philosophy of Law at the University of Wrocław, Poland; and Handlingar.se, Sweden.
In the EU, the public’s ability to obtain information about the activities of EU bodies and decision-making processes is governed by Regulation 1049/2001. Digital communications, including app-based messages, in principle fall within the scope of Regulation 1049/2001, the definition of a document being technology-neutral.
The increasing use of app-based communications by EU officials however has presented new challenges when it comes to arriving at even-handed and legally sound disclosure decisions. This is demonstrated by the Pfizergate scandal, which highlighted problems related to accessing text messages exchanged between EU officials and private companies.
There is an ongoing debate about how app-based communications disclosure should be accommodated within the scope of Regulation 1049/2001. In this light, insights and potential solutions are sought in law and practices at the EU Member State level (notably Finland, Germany, the Netherlands, Poland, and Sweden)
Comment on European Transparency Law and the Public’s Rights of Access to App-Based Institutional Communications
This Meijers Committee comment contains expert input from the Ministry of Justice of Finland; FragDenStaat, Germany; SPOON, the Netherlands; Citizens’ Network Watchdog Poland, the Department of Legal Theory and Philosophy of Law at the University of Wrocław, Poland; and Handlingar.se, Sweden.
In the EU, the public’s ability to obtain information about the activities of EU bodies and decision-making processes is governed by Regulation 1049/2001. Digital communications, including app-based messages, in principle fall within the scope of Regulation 1049/2001, the definition of a document being technology-neutral.
The increasing use of app-based communications by EU officials however has presented new challenges when it comes to arriving at even-handed and legally sound disclosure decisions. This is demonstrated by the Pfizergate scandal, which highlighted problems related to accessing text messages exchanged between EU officials and private companies.
There is an ongoing debate about how app-based communications disclosure should be accommodated within the scope of Regulation 1049/2001. In this light, insights and potential solutions are sought in law and practices at the EU Member State level (notably Finland, Germany, the Netherlands, Poland, and Sweden)
Gepubliceerd op
15 oktober 2024