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15/09/2021

Final Judgement by the High Court of Justice of Madrid

Appears in case: Complaint Against the Minister of Industry, Commerce and Tourism Through a ‘Special Procedure for the Protection of Fundamental Rights’

Jurisdiction

Spain

Locale

Armed Conflict in Yemen

Recipient State

Saudi Arabia

Document Type

Judgements

The court upholds that the right to access information is not a fundamental right under the Spanish Constitution and can be limited on the basis of national security and commercial interests.nnn

In turn, the High Court dismisses the claim filed against the government’s decision denying access to the requested licensing information, upholding its confidential nature under the Official Secrets Act. It also finds that the right to access information is an ordinary right rather than a fundamental right that is subject to permissible limitation.