In the past years we have identified more than 60 procedural issues that we have experienced first-hand in daily operations. We have summarized them on the page below. Many of these issues are symptoms of an underlying procedural problem.

Procedural rights – Access to the file: modalities of access

Article(s) involved (national, EU, or other):


SAs do not always provide electronic access to documents, but require the complainant to make a written request or to come in-person to have access to the file.

Also, some SAs make the access to the file dependent on the signature of an NDA (e.g. the Irish SA). Modalities to access the file should not unduly restrict such access. 

Ideal Solution

The text should provide that the access to the file should be permitted electronically, and that this access should not be subject to additional formal or substantive conditions or restrictions, such as signing an NDA.

Proposed Solution

Concepts 2 (applicable law) and 7 (joint file) should take care of the matter.

Reference to specific noyb cases:

noyb  cases C029-101; C029-26; C029-27; C029-28: the Polish SA refused the request to access the files electronically despite a novelisation of the Code of Administrative Procedure that permits the SA to do that. The SA’s justification was that the case has gathered over 500 pages of files (on paper) and they have limited human resources and a limited number of scanners in the office so it would have taken them too long to scan all the files.
noyb case against Meta: the Irish SA requested that noyb signs an NDA to have access to documents in the file.

Reference to EDPB documents/table:

see EDPB wish list documnt referring to the access to the file in Poland which is only possible upon an in-person appointment (see footnote 4)

National Issues

National Issues