ICE has the right to conceal certain information related to its telecommunications business because there is competition, however, it concealed public information from the electricity sector and Sala IV condemned this as an improper use of power.
Former congressman Jorge Arguedas Mora asked the Institute for information related to a public tender for the purchase of hydroelectric power blocks from private generators. ICE delivered the information but held back 12 pages saying that according to the Law on Strengthening and Modernization of Public Entities of the Telecommunications Sector it was not possible to share that confidential information.
The high judges decided that ICE should not have hid this information because it is not obtained from its users and customers nor in the presence of an industrial, commercial or economic secret. Additionally, since the project uses public funds, the information should be classified as public.