SUMMARY

A citizen asked the Ministry of Education and Youth of the Community of Madrid for access to the source code used in the computer application through which courts associated with selective processes are drawn.

Not satisfied with the response given by the administration, the claimant filed a complaint with the Transparency and Good Governance Council (CTBG) in March 2021.

The CTBG considers the claim not to be abusive or to consider that the limit relating to intellectual property is met in the case of granting access to the source code. All this on the basis that access to the source code is in the public interest by allowing citizens to know how the decisions that affect them are made.

In response to the resolution issued by the CTBG, the Community of Madrid lodged an administrative appeal which entered the Council on February 4, 2021.

The Supreme Court has admitted to the proceedings the cassation appeal filed by the Council of Transparency and Good Government against the ruling of the National High Court

In the order of admission, the Supreme Court declares that the issue of objective casational interest for the formation of jurisprudence consists in determining the origin - or not - of providing the source code of the computer application used for the drawing of courts associated with selective processes to access the public service in the Community of Madrid.