Recurrent: Orderly Banking Restructuring Fund (FROB)

Resolution appealed: R/0307/2022

In exercise of her right of access to information, a citizen submitted a letter to the Fund for Orderly Bank Restructuring (FROB), attached to the Ministry of Economic Affairs and Digital Transformation, requesting various data on the properties owned by the Society for Management of Assets Derived from Bank Restructuring (SAREB) in the Autonomous Community of Catalonia.

The Administration issued a decision denying access by not considering the request as part of the public information concept of article 13 LTAIBG, since it is not a document in its possession, prepared or acquired in the exercise of its functions, and taking into account that it is not appropriate to refer the request to SAREB, since it is not within the subjective scope of application of LTAIBG.

The Council for Transparency and Good Governance, having submitted a complaint pursuant to Article 24 of the LTAIBG, partially considers it, considering SAREB within the scope of application of the LTAIBG, and consequently orders that the request for information be sent to it concerning the properties owned by the said company in Catalonia.