With ruling no. 1022/2023, the Regional Administrative Court (TAR) of Lombardy upheld the request of an association that had been denied access to the special part of the Organizational, Management, and Control Model of a company managing healthcare facilities accredited by the National Health Service.

The company, in this regard, argued that the special part of the Model fell “among the documents concerning the internal organization of a private entity,” containing “economic and commercial assessments that justify its non-disclosure,” and producing “effects on the company's employees” through “analyses and evaluations of internal business processes, the disclosure of which would violate the protection of private interests and the company’s know-how.”

However, according to the TAR, there is an undeniable public interest in full disclosure of the elements contained in such a document, given the accreditation status of the company. Moreover, its disclosure does not pose “any real harm either to the protection of personal data or to the economic and commercial interests of the entity itself or its employees, as it merely describes business processes aimed at preventing crimes that harm the public at large, as well as those directly concerned (in particular, shareholders and creditors) with the proper management of the company.”