General considerations
ANACOM is an independent regulatory authority that in the scope of its activity - in clear compliance with the general principle of open Administration - is bound to notification and transparency of the respective decision-making procedures, as well as to listen to and interact with companies acting in sectors it is involved with, and with other relevant bodies therein, as well as with citizens, final addressees of the supervision and inspection activities pursued, in the framework of the respective Statutes, substantive laws that rule regulated sectors of activity and general legislation that applies to administrative activity.
In this context, ANACOM provides all information which the Authority is obliged to supply, as well as that which is deemed to be justified, so as to clarify the public opinion and to allow an informed participation of citizens in the administrative activity and in the exercise of their rights.
As such, whereas:
(i) The responsibility for assessing and deciding upon the maintenance of confidentiality invoked by MEO lies primarily with ANACOM, which is required to do so in a substantiated manner, and
(ii) In this particular case., this decision will be relevant to respond to any request for access submitted by a third party1,
this Authority analysed the matter in the light of the legal framework in force as well of CADA’s doctrine concerning access to administrative documents involving commercial secrecy, reaching conclusions that in some cases diverge from the confidentiality invoked by MEO, along the following lines.
Specific considerations
As a preliminary matter, and reiterating the view expressed in due time to MEO, it should be stressed that this Authority considers that arguments related to image concerns invoked by MEO do not stand up, although they may be legitimate, given that the analysis of this matter must take place in the light of administration duties, namely compliance with the principles of publicity and transparency (which are only to be restricted in situations provided for under law in force).Moreover, ANACOM considers that the provision of information, instead of contributing towards a negative perception of DTT, contributes to clarify this reality.
1 Note, however, that meanwhile ANACOM, by letter with reference ANACOM-S045824/2014, had already sent to RTP, on 18.07.2014, a copy of the requested documentation, from which elements deemed to be confidential by MEO had been removed.
- A. As regards Part A of annex 1 to letter 01.07.2013 https://www.anacom.pt/render.jsp?categoryId=383924
- B. As regards the Shapefile https://www.anacom.pt/render.jsp?categoryId=383925
- C. As regards estimates of rates of covered population by parish and information related thereto https://www.anacom.pt/render.jsp?categoryId=383926
