Recurrent: AEMPS / Ministry of Health

Recurred resolution: R/1056/2024

In exercise of the right of access to public information, a request for access to information on the income of the Agency from pharmaceutical companies and laboratories was submitted to the Spanish Agency for Medicines and Health Products (AEMPS) of the Ministry of Health.

The Administration issued a ruling rejecting the request based on the provisions of article 18.1.c) LTAIBG, considering that the same refers to information for whose disclosure a prior reprocessing action is necessary. Subsequently, in the processing of claims, it provides an Excel file that provides information on payments made by pharmaceutical companies, organized in the following columns: customer number, title of the rate, description of the rate and, finally, its amount for the years 2020, 2021 and 2022.

The purpose of the claim is limited, as the claimant states in the hearing process, to the identification of the specific companies and laboratories that have made the payment of the fees, since the information provided only includes a customer number.

The Board considers the claim in the light of the fact that, regardless of whether the name is in the database from which the information already provided has been extracted, it is clear that the customer number data identifies a particular company or laboratory and that the crossing or combination of the two data only involves the performance of a basic reprocessing operation, not included in the cause of inadmissibility provided for in Article 18.1.c) LTAIBG.