Recurrent: National Commission on Markets and Competition (CNMC)
Recurred resolution: R/0343/2023
In the exercise of the right of access to public information, a request was submitted to the National Commission for Markets and Competition (CNMC) for access to certain information concerning the use of the Cellebrite system —date of start of use of inspections with that system; number of inspections and total number of devices (mobile or tablet) cloned, or analysed (with a certain breakdown); number of sanctions imposed on the basis of that system and number of contentious and criminal remedies
The CNMC denied access, considering the limits provided for in article 14.1.e) and g) LTAIBG to be applicable; adding in allegations that, in addition, a prior task of reprocessing would be required.
The Council partially estimates the claim, recognising the right of access to the information requested, with the exception of the intended breakdown of the specific devices analysed with the aforementioned tool (differentiating between mobiles and tablets) since, with respect to this specific information, the limit of Article 14.1.g) LTAIBG invoked is considered applicable.
For the rest of the information, access is granted because the concurrence of the invoked limits is not considered duly justified —merely cited but without any weighting having been made—. In this regard, it is emphasized that this is information of a numerical and statistical nature, the disclosure of which can hardly affect the prevention, investigation and punishment of the illicit and does not imply the dissemination of the essential characteristics of the operation of the cellebrite system or the exercise of the investigative functions of the CNMC (except for the breakdown of analyzed devices).
It is also excluded that articles 42 and 43 of the Competition Law constitute a specific legal regime of the right of access to information, for the purposes of the provisions of the first, second paragraph, Additional Provision LTAIBG and the late invocation of the cause of inadmissibility of the article or 18.1.c) LTAIBG (reprocessing).