ABSTRACT

Telefónica Mobiles Spain submitted a request for access to the information addressed to the National Commission of Markets and Competition (CNMC), which was intended to know all the documents that the Agency had sent to the European Commission related to the sanctioning file initiated with Telefónica.

The CNMC did not respond and Telefónica filed a complaint with the Council of Transparency and Good Governance for having denied its request for administrative silence. When the complaints procedure was opened, the CNMC stated that it replied to Telefónica, although it denied it access because it affected documents declared confidential.

The Council of Transparency and Good Governance considered the Claim submitted for formal reasons, having responded after the expiration of the one-month period and considered in its Resolution that there were no circumstances that would cause this presumption of confidentiality of the requested documentation to lapse.