Two exceptions working on two different logics: the trade secret resembles an absolute limit, the privacy of private life a limit that can be overcome by consent.
Trade Secrets - Art. 23
Art. 23 of Law No. 4982: information and documents characterised as trade secrets by the laws, together with commercial and financial information obtained by institutions and organisations from natural or legal persons on condition that it remain confidential, fall outside the scope of this Law.
| Element | Content |
|---|---|
| The first case | Information and documents recognised as trade secrets by the laws |
| The second case | Commercial and financial information obtained by the body from natural or legal persons on condition that it remain confidential |
Private Life - Art. 21
Art. 21 keeps two groups of information outside the scope:
- A person's health information
- Personal information of a nature to constitute an unjustified interference with a person's honour and dignity
| Condition | Content |
|---|---|
| Public interest | Must be required |
| Advance notice | Seven days |
| Consent | Must be in writing |
Its Relationship with Data Protection Law
The freedom of information exception and personal data protection legislation are separate regimes and are assessed together.
A Limit Often Met in Reporting
A document obtained through freedom of information may contain third parties' personal data. Two separate questions then arise:
- Should the body have given it? - assessed within the frame of Art. 21 of Law No. 4982.
- May it be published? - that is the subject not of freedom of information legislation but of personality rights and personal data legislation.
The Prohibition on Commercial Use
Art. 29 sets a separate limit: information obtained under this Law may not be reproduced or used for commercial purposes. How that provision applies to journalistic activity depends on the concrete case; consult your lawyer.
When You Are Refused
- Determine whether the refusal rests on Art. 21 or Art. 23 - the routes differ.
- On a trade secret: ask by which statute the information is treated as a trade secret.
- On private life: set out your public interest ground in writing; Art. 21 opens the consent route in that case.
- If parts of the document can be separated, request those separately.
- Object to the Board for the Review of Access to Information within fifteen days.
Summary
- Information treated as a trade secret by the laws, and commercial and financial information given to a body in confidence, are outside the scope (Art. 23).
- Health information and personal information constituting an unjustified interference with honour and dignity are also outside the scope (Art. 21).
- Where the public interest requires, disclosure is possible with seven days' notice and the written consent of the person concerned.