A citizen submitted a request for access to information addressed to the Spanish Agency for Medicines and Health Products (AEMPS) to know data on the demand for medicines containing "estradiol" and "testex" injectable, during the last 4 years, as well as the demand forecast for 2017.

The AEMPS replied to that request, denying the information because it believed that the economic and commercial interests of the laboratories involved could be violated and because such information should be prepared expressly to facilitate the response.

The Council of Transparency and Good Governance partially considered the complaint, since even if these economic and commercial interests of laboratories are violated, the right of access to information must prevail, since there are public interests more worthy of protection, such as accountability for the import of foreign medicines due to the market shortage in relation to these products. The part of the request relating to demand forecasting is dismissed, as it is not public information held by the Administration.