A citizen submitted a request for access to information addressed to the Bank Orderly Restructuring Fund (FROB) to access certain documents of the private sale process of the Banco Popular Español to Banco Santander.

The agency did not provide the information on the understanding that it affected the economic and commercial interests of the participating companies and that it is classified as "confidential" by the Single Resolution Board (SRB).

When the complaint was filed, the Transparency and Good Governance Council considered it in part, since the limit of commercial interests and confidentiality does not cover the requested "independent expert assessment", which is part of the file, since it would not affect the dissolving bank or the acquiring bank, since the sale has already been completed.