The Court first contradicted the Court of Appeal`s finding that section 552.104 was a “purely discretionary exception” on which the port was free. The Court of Appeal reached this conclusion by looking at Section 552.007, which allows a state agency to voluntarily “some or all of its information … information to the public, unless disclosure is expressly prohibited by law or if the information is legally confidential.¬†Boeing, Tex 2015. LEXIS 583 to 14. The Court rejected this interpretation of the IAP and concluded that the real question was whether, under the law, Boeing had the right to assert its own interests in the protection of information. The Court recognized that the IAP required a public authority to prohibit and enforce any applicable disclosure as a condition of judicial review, but concluded that this rule did not apply when the privacy or property rights of another person were at issue. In this case, the port set aside only Boeing to protect its own interests and the port`s non-emphasis on the Section 552.104 exception did not waive Boeing`s right to raise the exemption itself. Responsibility for your behavior. You are solely responsible for the content of messages or other information that you download or transmit on this website, including discussion forums or interactive areas of the site. You agree to exempt Boeing from any claim, claim, claim, loss or damage (including legal fees) that have been caused by third parties or that relate to your conduct, violation of these conditions or your violation of the rights of others. A few years after the lease was signed with the port, a former Boeing employee, Robert Silvas, submitted a pia application to inform about the lease. In accordance with its legal obligations, the port informed Boeing of this request.

Boeing provided Silva with an edited version of the lease and opposed the Texas Attorney General against the published parts. Boeing submitted that the published information was competitive information about the overhead of the Kelly Air Force base. According to Boeing, a competitor could use this information to under-relegate Boeing to government contracts.