Recurrent: Renfe Viajes S.M.E.

Recurred resolution: R/0082/2023

In exercise of its right of access to public information, a letter was submitted to the State Society Renfe Viajes S.M.E., attached to the Ministry of Transport, Mobility and Urban Agenda, requesting the documentation of the maintenance of the Malaga Commuter Stations.

The Administration agrees to grant partial access to the information, through a link to the web address of the Public Sector Contracting Platform, where the tenders made in the matter are listed. With regard to the other information requested (letters of service, mechanisms for monitoring compliance with such maintenance, parts of incidents, details of them, and time of their resolution), the entity invokes, on the one hand, the inadmissibility of article 18.1.e) LTAIBG, considering the exercise of the right to be abusive, anomalous and repetitive, as well as the limit of article 14.1.h) LTAIBG, as the economic and commercial interests of the entity are affected.

Once a complaint has been filed, the Council of Transparency and Good Governance considers it, since the information on the contracts has been provided extemporaneously, and since it does not apply, with respect to the rest of the information requested, neither the cause of inadmissibility nor the limit invoked by the entity.

With regard to the application of the cause of inadmissibility of Article 18.1.e) LTAIBG, the Council considers that there is no overstatement of the conduct of the applicant, which is devoid of serious and legitimate purpose with the intention of prejudicing, nor is there any overstatement of the use of the right that could be qualified as abnormal. The request is made in the exercise of a subjective public right guaranteed by the Constitution and the law and does not underlie a desire to prejudice the rights or legitimate interests of third parties.

On the other hand, with regard to the application of the limit on access provided for in Article 14.1.h) LAITBG (economic and commercial interests), the Council considers that, although it is true that the reputation of a company is one of the elements with direct influence on its position among competitors, in the weighting between the interest of the company in keeping secret the number of incidents detected on the suburbs and the public interest in knowing this information, the second must prevail.