Recurrent: Digital Broadcasting S.L.

Recurred resolution: R/0589/2023

In exercise of the right of access to public information, a request for a copy of the resolution was submitted to the Ministry of Economic Affairs and Digital Transformation, in which, as a result of the complaints made by the claimant in the audiovisual field, it had been agreed to open a period of prior proceedings.

The Ministry did not respond within the legally established time limit, so the request was deemed rejected by silence and expedites the way of the claim provided for in article 24 LTAIBG. Subsequently, in the processing of claims initiated within the claim procedure, the Administration provided a ruling by virtue of which the application was inadmissible in application of the case provided for in art. 18.1.b) LTAIBG, also invoking the concurrence of the limits provided for in article 14.1.e), g) and k) LTAIBG.

The Council dismisses the complaint, considering that the denial of access to information, at the time it has been requested, is justified and reasonable, in accordance with the criterion it had previously applied in its resolution R CTBG 296/2023 of 26 April.