European court rules to keep ACTA files private

The European General Court has upheld a decision to refuse access to documents relating to the controversial Anti-Counterfeiting Trade Agreement (ACTA).

Dutch MEP Sophie in 't Veld challenged the European Commission’s secrecy, but, although the court agreed with some of her case, she lost the fight to see the documents. It is unclear if in ‘t Veld will appeal the decision, her assistant told Intellectual Property Watch.

The court said that while too many ACTA documents were classified, it backed the Commission on its use of a general confidentiality agreement with negotiating partners. Unilateral disclosure of the documents would, the court ruled, have undermined the protection of public interest.

Publication of daily emails between negotiators and documents on member states’ positioning on criminal law enforcement provisions were rightly withheld, according to the court. In ‘t Veld said the ruling upholds the culture of confidentiality of diplomats that was common in the fifties.