ABSTRACT

An individual filed a request for access to the information addressed to the RTVE Corporation, which was intended to know the ccontent of the contract signed by the Corporation and the producer VIDEO MERCURY FILMS, the list of the films acquired and the reports that recommended to carry out that operation and their future profitability.

The same individual filed a complaint with the Council of Transparency and Good Governance when his request was partially denied because, in the opinion of the Administration, there was a prejudice to the economic and commercial interests of the Corporation and because it affected the personal data of the participants in that contract.

The Council of Transparency and Good Governance considered the complaint by considering, on the one hand, that the use of public funds is at the heart of transparency and is one of the essential elements of accountability, executed through the active publicity of contracts and, on the other hand, that the contract was signed with a legal person, being able to anonymize personal data, since the purpose of the request for information is not the identity of the people but access to the contents of the contract.

Status: Administrative Court No. 11 of Madrid ratified the decision of the Council of Transparency and Good Governance, that is, it was in favor of providing the information. However, the judgment on appeal has been estimated and the Council's decision has therefore been annulled.