Strasbourg, 18/04/2000 (Agence Europe) - In a recommendation to the European Commission the European Mediator Jacob Söderman felt that the Community executive cannot use the Directive on the protection of personal data to justify its refusal to provide the names of people outside the Commission who are part of the Community procedures.
This decision follows a complaint by a German beer importer in the United Kingdom, Andrew Ronnan, acting on behalf of the Bavarian Lager Company Limited, who asked the Commission to provide him with the names of the representatives of the Common Market Brewers Confederation with which it had a meeting, in the company of the British Minister concerned, in the context of the establishment of an exemption to the competition rules benefiting British brewers for the exclusive distribution contracts that tie them with British pubs. After this tripartite meeting, the Commission published in the Official Journal its intention to authorise the agreements in question and called for comments from the interested third parties. Mr. Ronnan also asked the Commission to provide him with the names of the persons who sent it the comments. The Commission rejected this request for because the 1995 Directive on the protection of data, it cannot provide the names without authorisation from the persons concerned. The mediator feels that the Directive aims to protect the companies' interests and the private lives of people, of which it guarantees the protection of fundamental rights, but there does not exist the fundamental right to secretly provide information or comments to an administration. In other words, the Directive bans the release of information on people or companies, but not the name of people or companies concerned.
The Commission has until 30 June 2000 to answer the Mediator.