Article 76
Confidentiality

Official
Texts
Guidelines
& Caselaw
Review of
EU Regulation
Review of
Nat. Regulation

There is no recital in the Regulation related to article 76.

There is no recital in the Directive related to article 76.

The GDPR

Article 76 expressly states that the discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure.

Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (paragraph 2).

In its first version, paragraph 3 of Article 76 imposed on the Chair the requirement to ensure that the members of the Board, the experts and the representatives of third parties are made aware of their duty to comply with the rule of confidentiality. However, this provision has not been maintained.

The Directive

The Directive did not provide for confidentiality of the discussions of the Article 29 Working Party.

Potential issues

We do not see a priori  any specific implementation difficulties. 

Regulation
1e 2e

Art. 76

1.   The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure.

2.   Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council (21).

1st proposal close

Art. 72 

1. The discussions of the European Data Protection Board shall be confidential.

2. Documents submitted to members of the European Data Protection Board, experts and representatives of third parties shall be confidential, unless access is granted to those documents in accordance with Regulation (EC) No 1049/2001 or the European Data Protection Board otherwise makes them public.

3. The members of the European Data Protection Board, as well as experts and representatives of third parties, shall be required to respect the confidentiality obligations set out in this Article. The chair shall ensure that experts and representatives of third parties are made aware of the confidentiality requirements imposed upon them.

2nd proposal close

Art. 72

1. The discussions of the European Data Protection Board shall be confidential.

2. Access to documents submitted to members of the European Data Protection Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001.

Directive close

No specific provision

close