In 2019, Statewatch filed a complaint to the European Ombudsman concerning Frontex. The complaint concerned Frontex’s alleged non-compliance with EU rules on public access to documents, the lack of information about sensitive documents in its annual reports, and the agency’s policy to not provide access to public documents to non-EU citizens residing outside the EU. On 3 February 2021, the European Ombudsman closed the case with the following conclusions:

• Concerning access to public documents, Frontex agreed to update its public register of documents. Furthermore, the Agency agreed to publish the number of sensitive documents it holds that are not included in its public register.
• Regarding requests for access from non-EU citizens not residing in the EU, the Ombudsman found no maladministration in the agency’s approach to dealing with such requests on a case-by-case basis.