Recurrent: State Research Agency/M. of Science, Innovation and Universities.

Recurred resolution: R CTBG 1303/2024

In the exercise of the right of access to public information, the State Research Agency was asked for information on three grants granted under the subprogramme of Non-Oriented Fundamental Research Projects, included in the Call for Research Projects for 2011 and complementary actions within the National Program of Fundamental Research Projects, within the framework of the Sixth National Plan of Scientific Research, Development and Technological Innovation 2008-2011.

The requested agency issued a resolution in which it resolves to partially grant the requested information. With regard to access to the annual monitoring reports submitted and the final justification report, the refusal of access is agreed on the basis of the limits laid down in Article 14(1)(h) and (j) LTAIBG—in order to prevent damage to the economic and commercial interests of the entities receiving the aid and to protect professional secrecy and intellectual and industrial property, respectively. It also invokes the applicability of the provisions of Article 15, in relation to the "contracted persons and the participating companies and public research bodies"; It also points out the inequality in the treatment that the dissemination of this information for these projects would entail in relation to those of the rest of the call. With respect to the evaluations of the evaluators of the projects designated by the ANEP, the inadmissibility of the application is agreed upon on the understanding that this is information of an auxiliary or supporting nature.

The Council partially estimates the claim. It considers that there is sufficient justification for the need to restrict access to some of the information (annual monitoring reports, final project justification report and the technical report of the project) in order to guarantee the protection of economic and commercial interests, as well as the know-how of the subsidised companies. However, it does not consider the application of the inadmissibility case under article 18.1.b) LTAIBG to be justified and therefore recognizes the right of the claimant to have access to the findings of the evaluation reports.