Recurring: Particular

Recurred resolution: R/0132/2024

In the exercise of the right of access to public information, a request for access to various information was submitted to the National Commission of Markets and Competition, referring to a previous complaint for violation of audiovisual regulations. In particular, he wondered whether a sanction procedure had been instituted and asked for a complete copy of the prior information file.

The requested body did not issue a ruling within the legally established time limit, so the claim was deemed rejected by silence and expedites the way of the claim provided for in Article 24 LTAIBG.

Subsequently, on the occasion of the referral of the file, the CNMC states that it issued a resolution partially granting access, providing a copy of the agreement to initiate the sanction file, as well as of the sanctioning resolution finally relapsed, but not allowing access to the previous proceedings based on the provisions of article 18.1.b) LTAIBG, since it is auxiliary information to the subsequent sanctioning file.

He adds that, in any case, although it was not made clear in the decision on the partial granting of the information, the limits provided for in article 14.1.e) and f) LTAIBG also apply with regard to access to the reserved information.

Once a complaint has been filed, the Council of Transparency and Good Governance understands that, regardless of the improper invocation of the limits, all the information that may be accessible has been provided, and considers the complaint on formal grounds that the right of the requesting company to obtain the complete information has not been respected within the maximum period legally established.