Recurrent: Ministry of Inclusion, Social Security and Migration

Recurred resolution: R/1071/2024

In exercise of the right of access to public information, a request was submitted to the Ministry of Inclusion, Social Security and Migration for access to the source code used for the models of first appointments and successive appointments used by the National Institute of Statistics (INSS) for the management of temporary incapacity (IT), as well as the technical specification of the application, the result of functional tests or any other type of test carried out to verify the functioning of the code and any other document that allows to know its functioning.

The INSS issued a resolution in which it agrees to partially grant access and provides information regarding the technical and functional specifications of the models (which explains the objective, sources, procedure and selection of the model), as well as information regarding the training mode of the model, provided a test document shows INSS test cases. Instead, it agrees to deny access to the source code on the basis of the limit provided in Article 14.1.j) LTAIBG, as well as in the previous doctrine of this Council on the application of the aforementioned limit in these cases.

This Council estimates the claim by considering that it has not been justified (not even mentioned) what is the specific harm or risk (substantial, real and manifest damage) that, for the intellectual property of the INSS (or third party), would cause the fact of facilitating access to the source code of the application. It adds that, on the other hand, the claimant has reasoned that the purpose of his application is to monitor the adequacy of models that are used to manage temporary incapacity leave and that have a direct impact on public benefits; therefore, this Council considers that the public interest in access to information prevails.