Right of access

The Supreme Court (TS) has taken a significant step in terms of digital transparency by resolving a case on access to the source code of a computer application called BOSCO, managed by the Ministry for the Ecological Transition. This app decides whether people meet the requirements to receive the social electricity bonus, an aid to pay for electricity. It all started when the Civic Foundation Civio requested information on how the system works exactly, including the program's own source code, something that was initially denied by the Administration citing security reasons, system protection, and, above all, intellectual property rights. Finally, after several appeals and after both the Transparency Council and the first and second instance courts supported

keeping the code secret, the TS has changed the course of events. The TS considers that the source code of the programs used by Public Administrations is public information and, therefore, it is possible to request it, unless there are very clear and justified reasons to deny it. It also points out that protecting people's rights and ensuring that these automatic controls are transparent is fundamental, especially when they affect such important issues as social assistance. It is not enough to generically mention security or intellectual property, the Administration must explain specifically why access to the information is not possible. This decision by the TS reinforces the

right of citizens to know how the algorithms that decide important issues in their lives work and forces the Administration to be much more transparent. If you feel aggrieved and dissatisfied with a decision of the Administration, our professionals are at your disposal to defend your interests

If you feel aggrieved and dissatisfied with a decision of the Administration, our professionals are at your disposal for the defense of your interests