Recurrent: Nuclear Safety Council (NSC)

Recurred resolution: R/0841/2023

In exercise of the right of access to public information, requests were submitted to the Nuclear Safety Council (CSN) for access (i) to the complete files of accidents, incidents and events that occurred in Spanish nuclear power plants from their creation to the present day and (ii) to the complete files of accidents, incidents and events that occurred in nuclear power plants located in Catalonia.

The CSN agreed to the inadmissibility of requests for information on the basis of Article 18.1.c) LTAIBG — because prior reprocessing was necessary — and Article 18.1.e) LTAIBG — because of the abusive nature of the unjustified request for transparency — by providing a link to the annual reports of the CSN.

The Council, which resolves the two cases in a cumulative manner, considers that the complaint has not been duly justified in the face of the alleged cases of inadmissibility. It points out, in this regard, that according to the jurisprudence of the Supreme Court and the doctrine of the Council, the work of suppression of personal data does not include the cause of inadmissibility of article 18.1.c) LTAIBG. It is also ruled out that the request for information may be described as abusive and unjustified in the purpose of the law, since there is no perceived excess in the exercise of the right of access to information, either in terms of the objective circumstances of its exercise, or in terms of subjective circumstances (willingness to harm or absence of legitimate interest), without access to the requested information being considered alien to the purposes established in the Transparency Law.