Recurrent: Ministry of Justice

Recurred resolution: R/0195/2023

In the exercise of the right of access to public information, the Ministry of Justice was requested to provide information concerning requests for change of surnames processed by the Ministry in the exercise of its powers.

The Ministry did not respond within the legally established time limit, subsequently alleging the applicability of the cause of inadmissibility provided for in article 18.1.c) LTAIBG, alleging that in order to be able to deliver the requested information, a prior reprocessing action would be necessary, since it did not have the requested list; referring the claimant to the yearbook of the General Directorate of Legal Security and Public Faith, published on the website of the Ministry. He also maintains that the specific regulations of the Civil Registry are applicable.

The Council notes the insufficiency of the information provided through the link to the yearbooks of the General Directorate of Legal Security and Public Faith and partially estimates the claim, ruling out the applicability of the cause of inadmissibility invoked, considering that the Ministry has not sufficiently justified its concurrence and understanding that the basic rework that the Ministry would have to deal with does not fit, in accordance with the Council ' s criterion and the reiterated jurisprudence that it details, in the aforementioned cause of inadmissibility.

On the other hand, the Council dismisses the claim in respect of the claim, included in the request for public information, that the reason for the failure to resolve its request for change of surname is established, since such a request does not fit into the notion of public information contained in Article 13 LTAIBG.