Recurrent: Tempo Exprés, S.L.

Recurred resolution: R CTBG 1339/2024

In the exercise of the right of access to public information, the MINISTRY OF THE INTERIOR was requested to access the list of contracts concluded since 2015 by any penitentiary centre and/or the State Entity Prison Labour and Training for Employment with three companies listed in the application, distinguishing for each contract the number of companies invited and their name, the number of companies submitted and their name, the offer of each company and the amount of award, and, specifically, for contracts whose purpose is in transport services the list of vehicle registrations that provide the services and the communications of subcontracting of services.

The requested state entity replied by means of a notice referring to the page of the State Contracting Platform. It also adds that in relation to the rest of the request, the limit of article 14.1.h) LTAIBG is met, stating, finally, that no communications have been received for the conclusion of subcontracts. In the case of claims filed under this complaint procedure, it states, with regard to access to registration plates, that this is information that should not be provided and, in any case, that it cannot be provided for security reasons.

The Council partially estimates the claim, and urges that, in compliance with the provisions of article 22.3 LTAIBG, a direct and operational link be provided to the list of each and every contract awarded or, failing that, provide precise indications on how they can be accessed through the State Contracting Platform. If neither of the two options is possible, please provide the requested information directly.

The Council dismisses the disclosure of vehicle registrations that have provided the services, since their disclosure may affect personal data and there is no public interest that prevails over their protection.

Finally, with regard to subcontracting, it is recalled that, according to Article 13 LTAIBG, only public information is held by the obligated subjects. Since the requested body has formally declared that such information is not in its possession, there is no object on which to project the right.