Article 76 GDPR - Confidentiality
Relevant Recitals
No relevant recitals listed.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Only where the Board deems it necessary. Paragraph 1 imposes no blanket secrecy but leaves the determination to the Board, as provided for in its rules of procedure adopted under Article 72(2).
Paragraph 2 applies Regulation (EC) No 1049/2001 on public access to European Parliament, Council and Commission documents to the documents submitted to members of the Board, experts and representatives of third parties. Requests for access are therefore assessed under that instrument's rules and exceptions rather than under a regime specific to this Regulation.
No. Paragraph 1 concerns the discussions of the Board, whereas access to documents is dealt with separately in paragraph 2 through Regulation (EC) No 1049/2001, which contains its own exceptions protecting, amongst other interests, ongoing decision-making.
Confidential deliberation does not mean confidential results. Point (g) of Article 75(6) tasks the secretariat with the publication of opinions, dispute-settlement decisions and other texts adopted by the Board, and Article 65(5) requires the Board to publish its dispute-resolution decisions on its website.
Article 76 itself addresses only the confidentiality of discussions and access to documents. A duty of professional secrecy binds the members and staff of each supervisory authority under Article 54(2), both during and after their term of office, with regard to confidential information obtained in the performance of their tasks.