Recurrent: Ministry of the Interior

Recurred resolution: R/0865/2023

In exercise of the right of access to public information, a request was submitted to the Ministry of the Interior for access to various information relating to decorations imposed on civilian personnel from 2009 to the present.

The requested body issued a resolution agreeing to the inadmissibility of the application when considering the application of the cause of inadmissibility provided for in article 18.1.c) LTAIBG “in the absence of a document or statistic containing the data on proposals for decoration of civil personnel, type of decoration, date on which it was granted, authority or command that made the proposal, reason and BOGC in which it was published in case of granting (…)”.

El Consejo estima la reclamación al considerar que no se ha justificado debidamente la concurrencia de la causa de inadmisión invocada. It points out, in this regard, that the fact that there is no statistic or document that already contains the data requested does not necessarily lead to the inadmissibility of the request for information, since the preparation of such a document cannot be understood as anything other than the basic reworking that involves the exercise of the right of access to information, as the Supreme Court points out. It is recalled that the voluminous nature of the information does not integrate the notion of reprocessing and that at least part of the requested information indicated could have been offered the parts of the breakdown that are not available.