Recurrent: Ministry of the Presidency, Justice and Court Relations

Recurred resolution: R/0156/2024

In exercise of the right of access to public information, a request was submitted to the Ministry of Justice for access to a list of public centers to which the Office of Recovery and Asset Management (ORGA) has temporarily ceded air conditioning equipment from the disarticulation of marijuana plantations.

The requested body issued a decision denying the request on the basis of article 18.1.e) LTAIBG, on the grounds that the request was of an abusive nature. After the filing of the claim, it also pointed out, as a possible cause of inadmissibility, the one provided for in article 18.1.c), considering it necessary to carry out a prior reprocessing task.

The Council considers the claim not to be abusive, since it does not consider either an overstatement in conduct devoid of serious and legitimate purpose, with the intention to harm or an orphan of legitimate interest, or an overstatement in the exercise of the right that may be classified as abnormal. In particular, it recalls that the mere allegation that responding to the request for access would result in the suspension of the work entrusted to the Office, without further explanation, cannot justify the application of a cause of inadmissibility with the serious consequences that this entails for the exercise of the right of access.

Furthermore, the Council does not consider that the need to carry out a prior reprocessing exercise has been justified, since no reference has been made to the available human resources or an estimate has been made of the work that would result from having the requested information available.

In short, given that the information is of a public nature and is in the possession of the Administration, as well as that the circumstances that allow the application of the alleged causes of inadmissibility have not been proven, it is appropriate to estimate the claim submitted and urge the Ministry to provide the requested information.