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RCA 405. IGAE State Territorialized Investment Reports by CCAA Regional

Recurrent: Ministry of Finance

Resolution appealed: R CTBG 0597/2025

In exercise of the right of access to public information, the Ministry of Finance was requested to have access to a copy of the State Public Sector investment reports by autonomous communities for several semesters of the years 2022, 2023 and 2024 prepared by the IGAE under Article 135 of the General Budget Law.

The Ministry resolves to grant access to information by providing a link to the Budgetary Administration Portal containing information on budgetary execution of the state public sector.

The applicant expresses his/her disagreement with the resolution issued and makes the claim provided for in article 24 LTAIBG, noting that the information provided is not that corresponding to the requested time period. At the allegation stage, the Ministry argues that the link has been provided to the information that it is mandatory to publish in accordance with the provisions of article 8.1.d) LTAIBG.

The Council considers the claim by pointing out that the mere reference to the page of the General Intervention of the State Administration does not satisfy the right of access of the claimant since, although it is true that it includes a section containing regionalized information on the degree of execution of the real investment of the State Public Sector, it is also true that it does not allow access to the specific reports requested by the petitioner. In this sense, it does not comply with the requested time frame (from the second half of 2022 to the first half of 2024)—since the last data update published is as of June 30, 2022—nor does it refer, at least directly, as required by Article 22.3 LTAIBG, to the aforementioned reports. It concludes by pointing out that the requested documentation has the status of public information, that its existence has not been denied and that the application of any of the limits provided for in article 14 LTAIBG, or the concurrence of a cause of inadmissibility of its article 18, to justify its non-delivery, has not been justified.