CJEU case T-190/10 Egan Hackett – CJEU Judgment (European Union, 2012)

The claimants, which had worked for former MEPs, asked for the annulment of a decision by the European Parliament which would deny them access to Parliamentary Assistance Allowance documents. They needed access to these documents for legal proceedings. The European Parliament refused access based on article 4 (1) (b) Regulation 1049/2001 and article 3 (2) Regulation 45/2001, except that lists open to the public during the period of professional activity of the persons. The requested documents would reveal the political view of former MEP assistants and this constitutes sensitive data. The CJEU held that the strict view the EP held, by automatically denying access to documents revealing the identity of former MEP assistants, without considering the circumstances, holds no grounds. The CJEU held that withholding disclosure is possible, but only after an assessment of the situation was made, and how publicising those documents would impact the privacy of the assistants of former MEPs. The Parliamant thus failed to show to what extent the disclose would specifically and effectively undermine the right to privacy.