European Ombudsman: EC must release documents on CSAM bill

The European Ombudsman believes that the European Commission is releasing too few documents about the 2022 bill to check encrypted data of EU citizens via digital platforms. According to the Ombudsman, the Commission is guilty of maladministration.

Emily O'Reilly, the current European Ombudsman, writes that in March last year the European Commission received a request from a journalist for documents on a bill from 2022. In this so-called CSAM bill, hosting providers and communication platforms are required to take more measures against grooming and images of child abuse. The Commission initially did not respond to the request and the journalist in question therefore went to the European Ombudsman a few months later. It urged the Commission to make a decision after all.

That decision came in December 2023. The European Commission was then of the opinion that 121 documents were eligible to be requested. The Commission released only 88 and personal data was also allegedly redacted in those documents. Of the remaining 33 documents, 28 were not released and 5 were only partially released. The European Commission referred to exceptional measures under which it would not have to release certain documents if, for example, this would jeopardize public security, commercial interests or the internal decision-making process.

The journalist did not agree with this and turned again to the Ombudsman. He was able to view the requested documents and now states that the European Commission's argument for not releasing certain documents is incorrect. According to the Ombudsman, the European Commission is guilty of maladministration. She urges the body to take a new position and release the requested documents.