SUMMARY

Claim Against Denial of Access to a State Attorney’s Report.

A Community of Irrigators filed a petition with the State Commercial Society of Agrarian Infrastructures, SEIASA, of the Ministry of Agriculture, requesting the State Legal Report justifying the liquidation of SEIASA.

The Administration denied access in accordance with article 14, paragraph 1 (f), of the aforementioned Law 19/2013, the right of access may be limited when access to information damages the equality of the parties in judicial processes and effective judicial protection.

When a complaint was filed, the Council for Transparency and Good Governance considered it, since the restrictive interpretation of the alleged limit is widespread, restricting it to information that can demonstrably harm the equality of the parties in a judicial procedure and even considering it to apply only to documents expressly prepared during a procedure, which does not happen in the present case in which we are not facing an ongoing judicial process.