Appeal against denial of access to information concerning data collected by the Working Group established by two Ministries on structural reform measures and boosting SME financing
SUMMARY
A citizen submitted two requests for access to information addressed to the Ministry of Justice, aimed at obtaining a copy of the data collected by the Working Group established by the Ministries of Economy and Finance and Justice, from the College of Registrars, on structural reform measures and measures to promote the financing of small and medium-sized enterprises, as well as the tariffs received by the Property Registers.
The Ministry denied access to information and the same citizen filed two complaints with the Council of Transparency and Good Governance, understanding that his requests were denied. Once the complaints procedure had been opened, the Ministry indicated that it did not have in its possession the requested documents, the reason being that article 18.1 (d) of the Transparency, Access to Public Information and Good Governance Act (LTAIBG) was inadmissible.
The Council rejected the claims submitted and considered in its resolutions that the Ministry not only does not have the information, but also does not know who may have it in its possession and that the tariffs received by the Property Registers are not subject to the Transparency Act.
La sentencia del juzgado central contencioso-administrativo nº 1 de Madrid es parcialmente favorable.