Free access to administrative documents

You collect and process data on behalf of a public body under an agreement signed a few years ago in return for financial remuneration agreed in the agreement.

The public authority is now asking you to provide this data free of charge to anyone who requests it on the basis of Article L. 311-1 of the Code of Relations between the Public and the Administration, on the grounds that the authorities mentioned in Article

L300-2 are required to disclose the administrative documents they hold to any person who so requests (...).

Do you have to do this or can you legitimately refuse to provide this data?

The answer depends on the nature of the service provided.

Are you a private individual "entrusted with a public service mission"? If the legislator has expressly entrusted you with such a mission, there is no debate. If not, the answer will depend on an analysis of the agreement in the light of administrative case law.


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