Brussels, 06/12/2000 (Agence Europe) - In a special report, the European Ombudsman, Jacob Söderman, calls on the European Parliament to act following the persistent refusal by the Commission to pass on the identity of the people who participated in a Community executive meeting.
Mr Söderman thus confirmed the position he had taken last April (see EUROPE of 19 April 2000) in the case that opposes a German beer importer against the European Commission. This importer had sent a complaint to the Ombudsman after having seen itself refused to releasing of the names of companies that had taken part in a meeting on the exemption to Community competition rules that enable British brewers to conclude exclusive distribution contracts with pubs in the United Kingdom The Commission had based its stance on the 1995 directive relating to the protection of data. It asserts that the Directive forces it to keep secret the names of the people concerned unless they consent to the divulging of their identity. Following a first intervention by the Ombudsman, the Commission consulted the people concerned and accepted to pass on the identities of all those who accepted this releasing, in an expressive or tacit manner, but not the names of three participants who formally opposed this.
In his special report, Mr Söderman reaffirms that the protection of data can only serve as a pretext to limit the transparency of the activities of the Community administration. The 1995 Directive aims to protect the personal data of physical and moral persons provided to the Commission, but must not act as a cover for "secret relations" between the administration and its interlocutor. Mr Söderman felt that the protection of the identity of a Commission interlocutor can only be justified by general interest or the safeguarding of fundamental rights.