67Even in that context, the purpose of an application for access and its effect, if successful, is to disclose the documents requested, which means, in accordance with Article 2(4) of Regulation No 1049/2001, that the institution or body in receipt of the application makes those documents available to the public. There can be no question of interpreting the conditions to which the transfer of personal data is subject under Regulation No 45/2001, particularly those laid down by Article 8(b), as meaning that one of those conditions would, as a matter of principle, have the effect of access to the documents containing those data being granted only to the applicant and being denied to the public, and thus of it being impossible for Regulation No 1049/2001 to be applied. Where the person requesting access to the documents containing the personal data has established the necessity of having them transferred, and the institution in question has taken the view that there is no reason to assume that the data subjects’ legitimate interests might be prejudiced, the data may be transferred and, provided that none of the exceptions provided for by Regulation No 1049/2001 applies, other than that relating to the undermining of the protection of privacy and the integrity of the individual, the document(s) containing the data are to be disclosed and, therefore, made available to the public.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.