Spanish Supreme Court decision on re-use of public sector information

On July 2021 ASEDIE (Spanish Infomediary Companies Association) filed a contentious-administrative appeal against the Royal Decree 327/2021, which restricted the conservation, storage and treatment of the information published in the BOE (Spanish official state gazette) supplements impeding re-use of this information.


Due to the implications this would have in the business and activity of companies associated to ASEDIE (some of which are also FEBIS members), the Spanish association requested the annulment of the respective paragraph of the Royal Decree for the following reasons:

  1. being contrary to law due to the violation of the principle of legal certainty,
  2. the infringement of the provisions of the re-use of public information regulation and
  3. the infringement of the personal data protection regulations provisions; due to infringement of the provisions of articles 9.3 and 105.b) of the CE, in Law 19/2013, in Law 37/2007, in the GDPR and other concordant regulations.

The Spanish Supreme Court declared the controversial paragraph null and void, causing it to disappear from the legal system.


This outcome, which has been published in the BOE (official state gazette), is a major achievement of ASEDIE and its associates, who will be able to continue to re-use public sector information.


Download complete summary of appeal below:

Summary Appeal Royal Decree (Asedie)
Summary Appeal Real Decree Asedie 2022.p
Adobe Acrobat Document 578.2 KB


Source: ASEDIE

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