Recurrent: particular

Resolution appealed: R CTBG 1476/2024

In exercise of the right of access to public information, the PORT AUTHORITY OF CARTAGENA (APC)/MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested access to various information on port police and other temporary staff of the APC in relation to compliance with Law 20/2021, of 28 December, on urgent measures for the reduction of temporality in public employment.

The requested port authority issued a decision disallowing the application by invoking concurrence on a general basis for the 10 requests for inadmissibility referred to in Article 18.1(b) and (c). LTAIBG; and the limit referred to in Article 14.1.f) LTAIBG was deemed to apply.

In addition, and specifically for each of the requests, other reasons were indicated to deny access: i) requests 1 and 3, being critical infrastructures, are dismissed because it could affect public security or other interests protected by port law, that is, without mentioning it expressly the limit contemplated in article 14.1.d) LTAIBG is invoked; ii) in relation to requests 4, 5, 6 and 7, access is considered to be contrary to the protection of personal data, lacking the legitimate basis for access; iii) in what is finally considered to be non-existent terms.

The Council partially estimates the claim, and urges that the claimant be provided with information regarding the number of port policemen in active service, including fixed-indefinite and temporary, as well as the economic cost of the provision of port policemen in active service, given that the generally invoked grounds for refusal to admit are not considered applicable18.1 (b) and (c), nor the limit of article 14.1.f), and that the specific application of the limit provided for in article 14.1.d) LTAIBG public security in relation to these two issues has not been sufficiently justified.