Recurrent: Port Authority of Valencia/Ministry of Transport and Sustainable Mobility

Resolution appealed: R CTBG 1439/2025

In exercise of the right of access to public information, the MINISTRY OF FINANCE was requested to have access to the «Final document of the Compliance and Operational Audit: personnel of the Port Authority of Valencia corresponding to the year 2023 and 2024 carried out by the Valencia Regional Intervention of the IGAE». The Ministry sent the request to the MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY, which was finally assigned to the PORT AUTHORITY OF VALENCIA (A.P. of Valencia).

The aforementioned Port Authority denies access to the information indicating that “(i) the requested documentation was not generated or received in the exercise of the competences of this PAV; (ii) access to the requested report would disturb the effectiveness and confidentiality of the current jurisdictional procedures, and that (iii) the requested data are related to technical personnel, and that their anonymization does not prevent the identification of these workers due to their small number».

The Council considers the claim insofar as it considers that the limits laid down in Article 14.1(f) and (h) LTAIBG are not applicable, since they have not been sufficiently justified and no weighting has been carried out between the damage invoked and the obvious public interest in the request. It is also noted that "it is not necessary to carry out the weighting required by Article 15 LTAIBG since the requested information can be provided in an anonymised form, as in fact accepted by the claimant’, citing Article 15.4 LTAIBG.