The fifth session of the cycle “Seminars on transparency and access to information”, organized by the Transparency Council, will take place on 3 December with the title “Confidentiality clauses as a limit of the right of access to public information. A triple perspective”.
The seminar will be attended by: Patricia Font Rodríguez, Head of the Legal Advisory Board of the National Commission of Markets and Competition (CNMC); María Morales Puerta, State Attorney attached to the State Attorney before the Court of Justice of the European Union; and María José Santiago Fernández, President of the Administrative Court of Public Procurement of the Community of Madrid. The President of the Council for Transparency and Good Governance, José Luis Rodríguez Álvarez, will present and moderate the session.
Law 19/2013, of 9 December, on transparency, access to public information and good governance establishes that the right of access may be limited when access to information is detrimental, among others, to “economic and commercial interests” (article 14.1.h), “professional secrecy and intellectual and industrial property” (14.1.j) and “the guarantee of confidentiality or secrecy required in decision-making processes” (14.1.k).
The session will analyze the scope of reservations and specific confidentiality clauses as a possible limit (or modulation) of the right of access to information from a triple approach: the one related to the information handled by the regulatory authorities in certain sectors (with particular reference to the CNMC); the one used in European jurisprudence and regulations; and the one concerning confidentiality clauses in public sector contracts.
The seminar, of face-to-face mode, will take place on 3 December at 5 pm in the Auditorium of the AIReF (José Abascal Street, 2. 2nd floor. 28003 Madrid). Access is free until completion of capacity previous registration in secretaria.consejo@consejodetransparencia.es