SUMMARY

Complaint against Denial of Access to Information on Packaging Data, Dose and Cost of the Drug Truvada

A citizen submitted a letter to the Ministry of Health, requesting access to the evolution of the number of containers, DHD (inhabitant dose day) and CTD (cost treatment day) in containers and evolution of the amount, DHD (inhabitant dose day) and CTD (cost treatment day) in amount of the drug Truvada per year, since 2000.

The Administration denied access because these data are not accessible to individuals or associations, according to the limit established in article 14, point 1, paragraph h) of Law 19/2013, of 9 December, on transparency, access to public information and good governance.

When the complaint was lodged, the Transparency and Good Governance Council considered it as this limit, relating to economic and commercial interests, is not applicable, as we have pointed out in other similar precedents and have corroborated recent judicial pronouncements at European level that show that transparency and the right of access to information must be guaranteed in respect of documents relating to the authorisation of prices and conditions for the financing of medicines (Judgment of the Court of Justice of the European Union of 22 January 2020 (procedure C-175/18 P).