Recurrent: Ministry of Culture and Sport (CELAD)

Resolution appealed: R/0347/2022

In exercise of his right of access to information, a citizen submitted an application to the MINISTRY OF CULTURE AND SPORT requesting the number of anomalous results in the Biological Passport that were detected by the Spanish Agency for the Protection of Health in Sport in a certain period of time.

The requested Administration stressed in its resolution that there are no records of the anomalous nature of the biological passports of athletes, given the eventual and not definitive nature of such result; invoking, subsequently, the auxiliary or supporting nature of the documentation requested [article 18.1.b) LTAIBG].

The Council for Transparency and Good Governance has submitted a claim under Article 24 LTAIBG, emphasizing that the initial decision refusing the request was not based on the application of any cause of inadmissibility of those provided for in Article 18.1 LTAIBG or of any of the limits provided for in Articles 14 and 15 LTAIBG. With regard to the alleged lack of availability of information, the Council underlines that the request is linked to the initiation of an investigative activity that may or may not lead to the initiation of a sanctioning file by the Agency — that is, within the scope of the exercise of its functions — adding that it can hardly be considered that a mere numerical data constitutes auxiliary or supporting information.