The veil of privacy: how data protection limits the right of access to information in the European Parliament Commentary on Judgment in Case T-375/22 of the General Court of the European Union

Abstract

The judgment in case T-375/22 of the General Court of the European Union marks a significant step in the jurisprudential delineation of the conflict between the right of access to institutional documents and the protection of personal data within the parliamentary context. This paper critically examines the legal foundations and structural implications of the ruling, with particular focus on how the exceptions under Regulation 1049/2001 are applied when the requested documents contain information about Members of the European Parliament (MEPs) and their assistants. Through an analy­sis of the role of consent, public interest, and the principle of proportionality, the study concludes that the judgment reinforces a restrictive interpretation of the right of access, failing to distinguish between individuals with varying degrees of public exposure. Moreover, it is argued that the decision consoli­dates an institutional framework in which the European Parliament retains excessive discretion to limit transparency, thereby weakening both passive access rights and the development of proactive transparency practices. These findings raise important concerns regarding democratic oversight and accountability within the European Union.