Recurrent: Pfizer, S.L.U.

Recurred resolution: R/0596/2023

In exercise of the right of access to public information, a request was submitted to the Ministry of Health to obtain information on the contracts signed with the pharmaceutical company Pfizer, or any other, for the purchase of oral medicines against COVID-19. In addition, it requested information on the number of units sold, date of purchase, date of arrival, identification of the seller, price paid, all broken down by autonomous communities, agencies or administrations.

The requested Ministry, after granting a hearing to the laboratory involved, which expresses its opposition, denies access to the information by invoking the concurrence of the limits contained in article 14.1.k), h) and j) LTAIBG; that is, because the disclosure of the information would cause harm to the economic and commercial interests of the company, as well as for reasons of professional secrecy and protection of industrial property, and for the application of the obligation of confidentiality provided in article 97 of Royal Legislative Decree 1/2015, of 24 July, approving the consolidated text of the Law on guarantees and rational use of medicines and health products.

In its resolution, the Council of Transparency and Good Governance partially estimates the claim, after recalling a series of resolutions issued in substantially identical matters, failing to appreciate the concurrence of the limits invoked, and recognizing, consequently, the right of the claimant to obtain a copy of the contracts for the purchase of oral medicines for treatment of the covid that have been signed; copy of which must be excluded that information that is confidential and whose disclosure could cause damage to economic and commercial interests, prior and express justification.

On the other hand, the Council understands that the specific breakdown referred to by the claimant is information that, for the most part, must work in the contracts that are to be provided to it (medicine, number of doses, pharmaceutical laboratory, date of purchase, unit value and total value); instead, the breakdown by Autonomous Communities, agencies and administrations must be specified, if available.