128. Source code of the telematic application of the social bond
SUMMARY
A foundation submitted a request for access to information, addressed to the Ministry for the Ecological Transition, to know the technical specifications, the result of the tests and the source code of the telematic application of the social bond.
The Ministry did not respond to the request.
The Council of Transparency and Good Governance considered the complaint in part, given that the source code of the application, expressed in written form, is protected by intellectual property laws and by copyright in various international treaties.
The Supreme Court has admitted the cassation appeal filed by the foundation requesting the information.
In the admission order, the Supreme Court declares that the issue raised in the appeal that presents objective casational interest for the formation of jurisprudence consists in determining the appropriateness - or not - of providing the source code of the computer application to determine whether the requirements to be a beneficiary of the social bond are met.
