Recurring: Particular

Recurred resolution: R/0327/2024

In exercise of the right of access to public information, a request was submitted to the Spanish Chess Federation for access to a copy of various minutes of organs, commissions and committees of the requested Federation, without being given an answer.

In its resolution, the Council rejects the complaint on the grounds that, in accordance with Article 2 LTAIBG, sports federations are excluded from the subjective scope of application of the exercise of the right of access, since they are not configured as public sector corporations or foundations, nor as associations constituted by the Administrations, bodies and entities provided for in that precept.

Sports federations are set up as private associations, to which public functions of an administrative nature are attributed, as is evident from their own regulations (Law 39/2022, of December 30, on Sport) and from the jurisprudence in this line (STC 67/1985, of May 24). Therefore, they are not included among the subjects required by the right of access to public information.