Art. 76 GDPR – Confidentiality
- 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 Council¹.
¹ 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 (OJ L 145, 31.5.2001, p. 43).
Related Recitals
(58) The Principle of Transparency
(63) Right of Access
(74) Responsibility and Liability of the Controller
(83) Security of Processing
Frequently Asked Questions about Article 76
+Are European Data Protection Board discussions confidential?
Article 76 provides that the discussions of the Board are confidential where the Board considers it necessary, as set out in its rules of procedure.
+Can the public access EDPB documents?
Access to documents is governed by EU transparency rules, balanced against the confidentiality the Board may apply to certain discussions.
+ Why does the EDPB apply confidentiality?
Confidentiality protects sensitive deliberations and ongoing matters, while transparency rules still allow appropriate public access to documents.