The European Ombudsman Teresa Anjinho has criticised the European Commission for refusing to assess whether a report by social media platform X on its compliance with EU digital rules could be disclosed to the public.
The Ombudswoman said in a statement on Monday that the Commission did not follow her recommendation to assess the report for release “in the interest of granting the widest possible public access”.
She rejected the Commission’s argument that a broad presumption against disclosure could be applied to risk assessment reports produced under the Digital Services Act (DSA).
The Ombudswoman said the DSA ultimately requires the risk assessment report to be made public, meaning only information that could “reasonably be regarded as sensitive” may be withheld.
The Ombudswoman also objected to two additional arguments the Commission made after her recommendation.
The Commission argued it could not itself assess whether the report contained commercially sensitive information, and that the person seeking access was pursuing a private rather than public interest.
What the report is and why it matters
Assessing what is commercially sensitive is part of the Commission’s obligations under the EU’s access to documents law, Regulation 1049/2001, the Ombudsman said.
Scrutiny of how very large online platforms comply with the DSA cannot be treated as solely a private interest, the Ombudswoman added, citing risks linked to such services including identity theft and sexual violence.
The Ombudswoman maintained her finding of maladministration by the Commission.
The DSA requires providers of “very large online platforms” to assess risks linked to their services, including the spread of illegal content, negative effects on fundamental rights, and risks to the protection of minors, according to the Ombudsman.
It said these risk assessments are shared annually with the Commission, which monitors and enforces compliance.
The Commission received X’s first annual risk assessment report after the DSA entered into force, in September 2023, the Ombudsman concluded.
