Recurrent: State Society of Industrial Participation (SEPI)

Recurred resolution: R/0374/2024

In exercise of the right of access to public information, the SEPI, of the Ministry of Finance, was asked for a list of companies that have requested a renegotiation of the credit received from the Fund to Support the Solvency of Strategic Companies and a copy of the documentation in which this request is evaluated.

The requested body denied access on the grounds that there is a specific legal regime for access to information that determines the confidentiality of the information requested; that this confidentiality has been confirmed by the jurisprudence of the Supreme Court; and that, even if the LTAIBG is deemed applicable, it would be affected by the limits of articles 14.1.h), (i) and (k).

Once the complaint has been filed, the Transparency Council, referring to the existence of several previous pronouncements on substantially identical matters (such as resolution R CTBG 451/2023, of 8 June, or R CTBG 477/2023, of 15 June), partially estimates it, understanding that access must be allowed to the list of companies that have requested a renegotiation for the repayment of the credits from the Fund to Support the Solvency of Strategic Companies of which they are beneficiaries and to the documentation in which this request is evaluated, excluding, in this case, those parts of the information affected by Article 14.h).