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60. Access to source code computer application drawing of courts selective processes

SUMMARY

A citizen asked the Ministry of Education and Youth of the Community of Madrid for access to the source code used in the computer application through which courts associated with selective processes are drawn.

Not satisfied with the response given by the administration, the claimant filed a complaint with the Transparency and Good Governance Council (CTBG) in March 2021.

The CTBG considers the claim not to be abusive or to consider that the limit relating to intellectual property is met in the case of granting access to the source code. All this on the basis that access to the source code is in the public interest by allowing citizens to know how the decisions that affect them are made.

In response to the resolution issued by the CTBG, the Community of Madrid lodged an administrative appeal which entered the Council on February 4, 2021.

Resolution of the Council of Transparency and Good Governance (3135 KB)
Judgment No. 158/2022 of the Central Administrative Court No. 11 (130 KB)
Judgment in Appeal 49/2023, of October 22, 2024, of the Contentious-Administrative Chamber, Seventh Section of the National High Court (365 KB)