321 Semester journal of the IEEE Review These arguments are based upon the idea that Constitutional regulation of the administrative functions of vigilance, inspection and control is to be found in Article 103 of the Spanish Constitution, the precept wherein the principles of action of Public Administration are articulated. In this context, starting from the basis that Public Ad-ministration serves the public interest with objectivity, Section 3 of this Article refers to the regulation of a system of incompatibilities and guarantees designed to safeguard the impartiality of civil servants in the fulfillment of their functions. IX In Chapter 9, Maria Serrat Romani offers a study on the limit relative to “Com-mercial and Economic interests” covered in Article 14.1.h) of the LTRAPIGG. Ac-cording to the author’s interpretation, “The interests which are the object of protection in the said limit are those which make up the information of economic and commercial character of the Administration, and not that of private individuals”. It may be of in-terest to note that Cerillo Martinez3 considers that the limit under analysis intends to “protect undue damage to commercial or negotiating positions, and in particular it is understood that within this category may be included commercial secrets which contain, among other items, information relative to production procedures, commercial strategies or client listings”. In synthesis, the author considers that “the criterion by which protection is established is based on the principles of equity, proportionality and equality of the subjects entering into competition in the national economic sphere. That is to say, a judicial framework of protection is established in order to guarantee equality of opportunity in the obtaining of benefit. Then protection of the public interest consists in establishing an equilibrium between the conditions in which the public company enters into competition with the private. This disproportion in competitive balance may lead to the generation of a loss of benefit which affects the quality of the service lent, with the resulting prejudice for the citizens to whom the service is directed, of the consequences which a deficient service may generate in the general society. Nonetheless, the scope of protection is not limited to the general interest, this being understood as the common good, but rather is a question of the protection of the particular interest of the State itself. That is, the State is obligated to a contractual relationship, defined as a social contract, with the citizens to whom it provides public services in exchange for their taxes. Should the State, by reason of disproportion in competitive equilibrium, fail to comply with its contractual obligation, providing poor services or eliminating them, the prejudice to the citizens may originate social discontent and bring about serious social reaction putting in danger the continued existence of the State itself ”. 3 CERILLO MARTINEZ, AGUSTÍ. Public transparency of private entities and confidentiality of company data”. In: D. Canals Ametller (publisher). Data. Protection. Transparency and Good Regulation. Girona: University Document, 2016. Revista del Instituto Español de Estudios Estratégicos n.º 13 - Año: 2019 - Págs.: 307 a 328
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