European Ombudsman criticises Commission over X risk report access

The European Ombudswoman has criticised the European Commission’s handling of a request for public access to a risk assessment report submitted by social media platform X under the Digital Services Act.

The case concerned a journalist’s request to access X’s 2023 risk assessment report, which large online platforms must provide under the DSA. The Commission refused to assess the report for possible disclosure, arguing that access could undermine X’s commercial interests, an ongoing DSA investigation and an independent audit.

The Ombudswoman found it unreasonable for the Commission to rely on a general presumption of non-disclosure rather than individually assessing the report. She said the circumstances in which the EU courts have allowed such presumptions differ from the rules applying to DSA risk assessment reports.

Although X has since made the report public with redactions, the Ombudswoman recommended that the Commission conduct its own assessment and aim to give the journalist the widest access possible, including potentially to parts redacted by the company. If access is refused for any sections, the Commission must explain why.

The finding of maladministration highlights the importance of transparency in the oversight of very large online platforms under the DSA, particularly where documents are relevant to public scrutiny of platform risk management and regulatory enforcement.

Why does it matter?

The case tests how far transparency obligations around very large online platforms can be limited by broad claims of commercial sensitivity or ongoing investigations. DSA risk assessment reports are central to understanding how platforms identify and manage systemic risks, so access decisions affect public oversight of the EU digital regulation as much as the rights of individual requesters.

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