The Ombudsman shall ensure that such information is adequately protected and in particular shall not disclose it to the complainant or to the public without the prior consent of the Union institution, body, office or agency or the competent authority of the Member State concerned. As regards EU classified information, the consent shall be given in writing.

9. The Union institutions, bodies, offices or agencies refusing access to EU classified information shall provide the Ombudsman with a justification in writing, indicating, as a minimum, the grounds for refusal.

10. The Ombudsman shall retain possession of information referred to in paragraph 8 only until the inquiry is definitively closed.

The Ombudsman may request a Union institution, body, office or agency, or a Member State, to retain such information for a period of at least five years.

11. If the requested assistance is not forthcoming, the Ombudsman may inform the European Parliament, which shall act accordingly.

Article 6

Public access to documents of the Ombudsman

The Ombudsman shall deal with requests for public access to documents, with the exception of those obtained in the course of an inquiry and held by the Ombudsman for the duration of that inquiry or after its closure, in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001, as complemented by Regulation (EC) No 1367/2006.

Article 7

Hearing of officials and other servants

1. Officials and other servants of Union institutions, bodies, offices and agencies shall be heard, at the request of the Ombudsman, with regard to facts which relate to an ongoing inquiry by the Ombudsman.

2. Those officials and other servants shall speak on behalf of their institution, body, office or agency. They shall continue to be bound by the obligations arising from the rules to which they are subject.

Article 8

Inquiries in the context of whistleblowing

1. The Ombudsman may conduct an inquiry to uncover instances of maladministration in the treatment of information as defined in Article 22a of the Staff Regulations which have been disclosed to him or her by an official or other servant in accordance with the relevant rules laid down in the Staff Regulations.

2. In such cases, the official or other servant shall benefit from the protection offered by the Staff Regulations against any prejudicial effects on the part of the Union institution, body, office or agency as a result of having communicated the information.

3. The Ombudsman may also inquire whether there was an instance of maladministration in the handling of such case by the Union institution, body, office or agency concerned, including as regards the protection of the official or other servant concerned.