SUMMARY

A citizen requested from the Ministry of Health of the Community of Madrid certain information on the resolutions issued by the General Directorate of Health Inspection and Management through which sanctioning procedures have been concluded for non-compliance with the Royal Decree 1416/1994, of 25 June, regulating the advertising of medicines for human use and/or Royal Legislative Decree 1/2015, of 24 July, approving the revised text of the Law on Guarantees and Rational Use of Medicines and Health Products relating to the advertising or promotion of medicines for human use.

Being dissatisfied with the response given by the Community of Madrid, the claimant submits, in November 2020, a complaint to the Council of Transparency and Good Governance.

The Transparency Council dismisses the complaint because it considers that, in the case of providing the requested information, there would be a risk for the rights of third parties, other pharmaceutical companies, without a higher public interest when granting access

Faced with the resolution issued by the Council, the interested party lodges a contentious-administrative appeal that has entry into the Council on May 5, 2021.