دسترسی آزاد به اطلاعات و حریم اسرار تجاری مؤسسات و شرکت های عمومی

Globally, free access to information is a cornerstone of ensuring transparency in the activities of public institutions. However, this principle sometimes conflicts with other rights and values, such as the rights related to trade secrets. The lack of a precise definition for trade secrets held by public institutions, the uncertainty surrounding the boundaries and mechanisms for ensuring their confidentiality, and doubts regarding the application of access-to-information obligations to such data create ambiguous boundaries, leading to significant challenges. On one hand, these challenges may manifest as breaches of the legitimate trade confidentiality of public entities, and on the other, as arbitrary non-transparency in their commercial activities. This raises the question: how can the right to free access to information for transparency purposes be reconciled with the right to protect the trade secrets of economic entities? To address this question, this research by identifying the legal and practical challenges and conflicts involved, Using a descriptive-analytical approach and drawing on national and international laws, practices, and written and digital library resources, seeks to provide solutions to balance these two conflicting rights. The findings indicate that certain laws related to public access to information include exceptions regarding the disclosure of specific types of data, including trade secrets. In Iranian law, a guideline has also been published regarding the distinction between public information and trade secrets. However, this article posits that since ambiguities still remain in this regard and the mentioned regulations do not provide sufficient clarity, in cases of conflict and lack of explicit provisions, transparency and public access to information should be prioritized as a fundamental right.