Recurrent: SEPI

Resolution appealed: R/0134/2022

In exercise of the right of access to information, an application was submitted to the State Society of Industrial Participations (SEPI) attached to the Ministry of Finance and Public Function, referring to certain documents related to the operation of public financial support to the company ÁVORIS.

After granting the hearing procedure required by the previous resolution of the Council of Transparency and Good Government R/497/2021, of November 12, the requested body issued a decision denying the requested access alleging the existence of a specific legal regime established in article 2.17 of Royal Decree Law 25/2020, of July 3, which establishes the reserved nature of the data, documents and information held by the Managing Council and the SEPI by virtue of the functions attributed to them by the aforementioned norm, and which displaces the provisions of the Transparency Law. Secondly, and subsidiarily, the secrecy of the accounting of companies and the concurrence of the limits of the exercise of the right of access to information referred to in article 14.1.h), i) and k) LTAIBG are alleged.

Once a complaint has been filed, the Council of Transparency and Good Governance considers it partially by pointing out that, although Article 2.17 of the aforementioned Royal Decree constitutes a specific regime (at least with regard to the confidentiality reservation that it establishes), it does not prevent the supplementary application of the Transparency Law, nor does the confidentiality reservation have to be understood in absolute terms. With regard to the application of the limit provided for in Article 14.1.h) LAITBG (economic and commercial interests), it is pointed out that its concurrence is justified in excessively generic terms, while there is a high public interest in knowing the justification of the specific budgets for obtaining the aid. However, pursuant to Article 16 LTAIBG, access to information must exclude shareholder or company management agreements that determine strategic decisions that are at the heart of the shareholders’ agreements. economic and commercial interests a referred to in Article 14.1.h) LTAIBG. Finally, the concurrence of the limits provided for in article 14.1.i) and k) LTAIBG is ruled out.