Recurring: Particular

Recurred resolution: R/0477/2022

In exercise of its right of access to information, a letter was submitted to the Ministry of the Interior requesting access to the application file, by the claimant himself and in his capacity as interested, of the Service Commission to access another Civil Guard Command, including a copy of all the documents included therein.

The Ministry issued an initial decision stating that it did not consider the existence of the service commission file. Later, at the allegation stage in this claim procedure, it makes a series of considerations on the nature and effects of the service commissions in the Civil Guard, explaining how the decisions are made in this regard, according to its internal regulations, and concluding that the request constitutes non-binding information and, as such, is not incorporated as motivation of a final decision, which is why it is considered to be involved in the cause of inadmissibility set forth in article 18.1 (b) of the LTAIBG.

In its resolution, the Council of Transparency and Good Governance dismisses the claim on the grounds that the requested body does not have the requested information, since the granting of this type of service commissions in the Civil Guard is carried out without giving rise to a specific administrative procedure. In conclusion, in the absence of any file, there is no possibility of granting access to it and the documents included therein, as requested.