February 21, 2024 Data

Op-Ed: “RTL Nederland (C-451/22): Civil Aviation Confidentiality and Freedom of Expression and Information” by Giovanni De Gregorio and Sümeyye Elif Biber

A Dutch media outlet, RTL, requested information from the government regarding the MH17 tragedy from the Ministry of Justice and Security. This request was denied based on aviation safety regulations and national security laws. RTL challenged this denial, arguing that the public has a right to know under freedom of information principles. The Dutch court then referred the case to the European Court of Justice to clarify how these aviation safety and national security laws should be balanced against the public’s right to access information. The key question is whether these national laws can completely block public access to information, or if there are limits to how much information can be kept confidential.

The full article is available here.