-31directors, to the extent that the requested documentation corresponds to reports
and background information that these companies provide to the State entities
responsible for overseeing them; that the background material and reports are of
public interest; that their divulgation does not affect the proper functioning of the
company; and that the holder of the information does not avail himself of his right
to refuse access to it;53
(b)
Acts and documents that have been published integrally in the official
gazette and that are included in the register that each service must keep are
permanently available to the public;54
(c)
The declaration of secrecy or confidentially is made by the head of the
service in a reasoned decision;55
(d)
“Secret” acts and documents shall only be disclosed to the authorities or
persons to whom they are addressed and to those who must intervene in their
examination and related decisions. “Confidential” acts and documents shall be
disclosed only within the unit of the entity to which they are sent;56
(e)
“Only acts and documents whose disclosure and dissemination could affect
the public or private interest of the owner of the information may be declared
secret or confidential,” pursuant to the provisions of Article 8 of the regulations,
which incorporate into public interest, reasons for confidentiality such as defense,
national security, foreign policy, international relations, monetary policy, and into
private interest, reasons for confidentiality such as files on punitive or disciplinary
procedures of any nature, and medical or health files;57
(f)
The body of the State Administration shall classify acts and documents
using explicit criteria, according to the required level of protection;58 and
(g)
The acts and documents of a “confidential” or “secret” nature shall retain
this characteristic for 20 years, unless the head of the respective service excludes
them from these categories by a reasoned decision.59
53
Cf. Article 2 of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folios 1159 to
1163).
54
Cf. Article 3(f) of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folios 1159 to
1163).
Cf. Article 9 of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folio 1962).
55
56
Cf. Article 7 of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folio 1961).
57
Cf. Article 8 of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folio 1961).
Cf. Article 9 of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folio 1962).
58
59
Cf. Article 10(e) of the Regulations on the secrecy or confidentiality of acts and documents of the State
administration (file of appendixes to the requests and arguments brief, volume I, appendix 3, folio 1963).