Recurrent: RENFE Viajes S.M.E., S.A.
Recurred resolution: R/0969/2023
In exercise of the right of access to public information, RENFE was requested, through the Ministry of Transport, Mobility and Agenda, to provide information concerning the problems arising with the new trains in Asturias and Cantabria (as a result of their size), as well as the actions carried out by RENFE in this regard.
RENFE denied access to the information on the grounds that the limits provided for in Article 14.1.h) LTAIBG —for affecting the economic and commercial interests of public society and third parties— and in Article 14.1.k) LTIAIBG —the guarantee of confidentiality or secrecy required in decision-making processes within the company— were applicable. The auxiliary or supporting nature of the information is invoked during the hearing of the claim before the Council [Article 18.1.b) LTAIBG].
The Council considers the claim on the grounds that providing the requested information does not prejudice the economic and commercial interests of either RENFE or the company that is designing and manufacturing the rolling stock. It points out, in this regard, that no real, indubitable and non-hypothetical damage has been justified, and that, between the possible reputational damage that may be caused by access to information (and, where appropriate, its disclosure) and the public interest in its access — given the configuration as a public service of passenger transport for which the trains concerned are intended and the public origin of the funds from which their acquisition is financed — the second prevails. With regard to the late invocation of the cause of inadmissibility provided for in article 18.1.b) LTAIBG, it is emphasized that the generic statement that what is requested are internal communications of a commercial company does not constitute valid justification for declaring inadmissibility. It also excludes the fact that the information relating to the ceasefires and purging of responsibilities that have been carried out requires disclosing the identity of the persons affected, and the personal data may be dissociated.