Recurrent: Ministry of Industry, Trade and Tourism
Resolution appealed: R/0088/2023
The Ministry, after offering a hearing to the affected company and stating, denied access to the information on the understanding that the limit established in article 14.1.h) LTAIBG applies, since such access is detrimental to the economic and commercial interests of the company since the memorandum includes details of the company in its decarbonization objective, considered as innovative, so that its disclosure would be a competitive disadvantage and that, in addition, confidentiality agreements have been signed.
The Council considers the claim as it is not sufficient to argue about the uncertain possibility that damage may be caused to economic and commercial interests, but that it must be defined, indubitable and concrete and the damage must be substantial, real, manifest and directly related to the disclosure of the information, proceeding to the weighting of the existence of a prevailing interest that will ultimately mark the weight of such damage in economic and commercial interests against the legitimate interest existing in knowing the specific information to be disclosed.
With regard to the classification of certain information as business secrecy, the Council points out that it is not enforceable to carry out the weighting required by Article 14.2 LTAIBG insofar as the claimant’s claim for access is limited to that part of the information which details the commitments and commitments undertaken by the Government following the granting of public aid to a private company, not being interested in access to its technological innovations.
In conclusion, the Council does not appreciate the concurrence of the limit provided for in Article 14.1.h) LTAIBG, and the total and en bloc denial of the content of the memorandum cannot be based on it. Accordingly, the claim is considered in order to provide the claimant with access to the content of the memorandum that does not include technical, technological or economic information of the company.