-30appeal. Should the reason invoked be national security or national interest, the
appellant’s complaint must be filed before the Supreme Court;
(d)
If the information requested could affect the rights or interests of third
parties, they may oppose the disclosure of the requested documents, by
submitting a brief that does not need to state the reason, when they are given the
opportunity to do so. Even in the absence of the opposition of third parties, the
head of the requested entity may consider that “disclosure of the requested
information would substantially affect the rights or interests of the third parties
owners of this information”;
(e)
The head of the requested entity must provide the documentation
requested, unless one of the reasons that authorizes him to refuse it is involved.
The refusal must be communicated in writing and include the reasons for the
decision. The only reasons why the State may refuse to provide documents or
background information requested from the Administration are:
1)
Confidentiality or secrecy established by legal or regulatory
provisions;
2)
That disclosure would impede or hinder due compliance with the
functions of the requested entity;
3)
Timely and appropriately-presented opposition by the third parties
to which the information contained in the requested documents refers or
who are affected by it;
4)
That disclosure or delivery of the requested documents or
background information affects the rights or interests of third parties
substantially, based on a justified opinion of the head of the requested
entity; and
5)
That disclosure would affect national security or interest.
(f)
One or more regulations shall establish the cases of secrecy or
confidentiality of the documentation and background information that are held by
the body of State Administration.
57(36) On January 28, 2001, the Minister-Secretary General of the Presidency
promulgated Supreme Decree No. 26, with the Regulations on the secrecy or
confidentiality of acts and documents of the State Administration; it was published on
May 7, 2001. These Regulations establish that, for an administrative entity to provide the
requested information, this should refer to administrative acts or to documents that
directly and essentially substantiate them or complement them.51 It also defines what
should be understood by administrative act, document, supporting document, directly
substantiating or complementary document, essentially substantiating or complementary
document, and acts or documents that are permanently available to the public.52 In
addition, this regulation establishes that:
(a)
The reports are public of private companies that provide services, or Stateowned companies, or limited companies in which the State appoints two or more
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, folio 1159).
51
52
Cf. Article 3(d) and (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, folios
1159 to 1163).