Recurrent: Association Eleuteria Freedoms and Fundamental Rights

Resolution appealed: R CTBG 1407/2025

In exercise of the right of access to public information, the ADIF/MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested to have access to information on the recruitment time, selective process and money received by a certain person who has served in the public companies INECO, TRAGSATEC and ADIF dependent on this ministry, as well as a full copy of these contracts.

Adif-AV inadmissible the application under Article 13 LTAIBG, indicating that the interested information does not exist since the person indicated in the application has not had an employment relationship with ADIF. It is also indicated that the Ministry of Transport and Sustainable Mobility forwarded the request to the other two entities mentioned, TRAGSATEC and INECO. Both entities have the status of their own media personified and technical service of the public sector in accordance with current regulations, so they are subject to obligation in accordance with the provisions of Chapter III of the LTAIBG referring to the right of access to public information and, consequently, it is incumbent on them to respond to requests for access to information regarding the personnel hired to their service.

The Council dismisses the claim, since there is evidence of the referral of the request to the entities considered competent for their response, in accordance with the provisions of Article 19.1. LTAIBG and in the absence of any reason to doubt the veracity of ADIF’s assertions that they do not have the intended information.