Recurrent: ADIF/Ministry of Transport and Sustainable Mobility

Resolution appealed: R CTBG 0496/2025

In exercise of the right of access to public information, ADIF/MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested to access information on incidents on the high-speed railway line between A Coruña and Vigo since September 1, 2023.

The requested entity denied the information in application of the limit referred to in article 14.1.h) LTAIBG, and subsidiarily claims the concurrence of the cause of inadmissibility referred to in article 18.1.e) LTAIBG. In the pleadings procedure, he adds the invocation of article 13 LTAIBG for lack of information, as well as the cause of inadmissibility of article 18.1.c) LTAIBG, mentioning that a huge amount of resources would be necessary to deliver the requested information.

The Council estimates the claim by stating, in summary, the following:

ADIF provides no basis for the application of Article 18.1.c) LTAIBG and the claim in Article 13 LTAIBG is not considered admissible because the claimant has left open the possibility of receiving the information in a detail or depth different from that requested, for which it is not necessary to carry out a fundamental reprocessing of the data.

The same conclusion is reached with respect to the case of non-admission of article 18.1.e) LTAIBG, recalling that in order to consider that the exercise of a right is of an abusive nature, the budgets established by the Supreme Court in repeated jurisprudence should have been accredited. The presence of an excess in the conduct devoid of serious and legitimate purpose, with the intention of harming or orphaning legitimate interest, is not appreciated, nor is an excess in the exercise of the right that may be qualified as abnormal, taking into consideration, also, that equivalent requests have recently been satisfied by ADIF.

With regard to the application of the limit provided for in article 14.1.h) LTAIBG, it is pointed out that it is not sufficient to argue about the uncertain possibility that damage may occur to economic and commercial interests; the damage must be defined indubitably and concretely and the damage must be substantial, real, manifest and directly related to the disclosure of the information. In addition, once the existence of the damage has been established, it must be weighed against the legitimate interest existing in knowing the information. In this case, it has not been sufficiently substantiated by ADIF how the information on the specific data requested of the incidents in the service is detrimental to the economic and commercial interests of Renfe Viajes.

In conclusion, the claim is estimated in order to provide the claimant with that part of the information that can be provided without undertaking a prior reprocessing task, taking as an example the information provided by ADIF in the previous resolution on access to the same information regarding the Madrid suburban lines.