Recurrent: Ministry of Health

Resolution appealed: R/1076/2021

A private foundation submitted a request for information to the Ministry of Health to know the express resolution issued by the General Directorate of Basic Portfolio of Services of the National Health and Pharmacy System, establishing the conditions of financing and price within the National Health System of Luxturna treatment (Voretigén Neparvovec), developed by Novartis.

The Administration denied access due to administrative silence.

When a complaint was filed, the Transparency and Good Government Council considered it as the limit relating to professional secrecy and intellectual and industrial property does not apply, since no specific reasoning can be discerned in this regard, and, as evidenced in the complaint, the pharmaceutical company has the protection granted to it by the patent granted in respect of the medicine in question.

Likewise, with regard to the guarantee of confidentiality or the secrecy required in the decision-making processes, it is not possible to see how the disclosure of the resolution that publishes the final price of the drug affects such confidentiality.