Recurrent: Ministry of Transport, Mobility and Urban Agenda (ADIF)

Resolution appealed: R/0464/2022

In exercise of his right of access to information, a citizen submitted a letter to the Railway Infrastructure Administrator (ADIF) attached to the Ministry of Transport, Mobility and Urban Agenda, requesting examinations of the categories of Technician and of the category of Intermediate Command and Table of three calls for competitions in the agency.

The Administration denies access in the contested decision when considering the application of the limit referred to in Article 14.1.j) LTAIBG referring to professional secrecy and intellectual and industrial property.

The Council of Transparency and Good Governance, having submitted a complaint pursuant to Article 24 LTAIBG, considers that the Administration, when invoking a limit on access to public information, has to carry out a damage test in order to determine that the right it protects may be specifically harmed and not merely affected by the dissemination of the information requested, it being not sufficient to invoke a generic citation of the same, as has been done in this case. Therefore, the possible damage caused by the exercise of the right of access must be demonstrated or accredited, actions that in the case in question have not been carried out by the entity claimed.