Recurrent: Ministry of Health

Recurred resolution: R/0136/2023

In exercise of its right of access to public information, an environmental organization submitted an access request addressed to the Ministry of Health, to obtain information on various analytical data of the water distribution network of the province of Ávila in the period between 2016 and 2020, in particular the existence of certain nitrates and nitrites in the waters.

The requested Ministry resolved by granting partial access to the information requested, communicating the publication of the annual report on the quality of water for human consumption, although warning that the report corresponding to the year 2021 is in the process of being prepared. With regard to the rest of the information, it denies its competence with regard to part of the information, since the quality of raw water corresponds to the General Directorate of Water of the Ministry for Ecological Transition and Demographic Challenge. Finally, in the process of allegation, it reiterates the same arguments by adding the express invocation of the limit provided in article 14.1.j) LTAIBG, such as the concurrence of the causes of inadmissibility provided in sections a), c) and e) of article 18 of Law 19/2013, of 9 December (LTAIBG).

The Council considers the claim, firstly, as it considers that the information already published (including the 2021 report, which was already published at the time of the issuance of the resolution) is not complete by not including the specific extensions requested by the claimant entity.

With regard to the limits alleged to restrict access to other information, the Council understands that they are alleged in an excessively generic manner and with an argument that does not comply with the requirements of strict and restrictive interpretation of the limits and causes of inadmissibility and express and proportionate justification of their application, as required by the jurisprudence of the Supreme Court and the Council itself.

Finally, in relation to the request regarding the quality of raw water, up to the capture, in the environment, the Ministry claims not to be competent. However, given that it is aware of the body that is involved, the Ministry of Ecological Transition and the Demographic Challenge (which it expressly cites in its resolution), it should have submitted that part of the information to it and informed the applicant of that circumstance, in compliance with the provisions of article 19.1 LTAIBG.