Recurrent: ADIF/Ministry of Transport and Sustainable Mobility
Resolution appealed: R CTBG 0129/2025
In exercise of the right of access to public information, the MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested to access information on incidents that have been registered with the service, during the period between 2012 and 2023, on the Valencia Suburbs lines.
The requested Ministry transmitted the request to ADIF, which issued a decision accumulating two requests for access to the information and agreeing to their inadmissibility, in what is herein interesting to refer to the incidents on the Valencia Suburbs lines, in accordance with the provisions of article 18.1 (c) and (e) LTAIBG.
The Council considers the claim submitted to this Council, in order to provide the claimant with that part of the information that can be provided without undertaking a prior reprocessing task, taking as a reference the information that was provided by ADIF in a previous resolution on access to the same information regarding the Madrid suburbs.
In this case, it is also considered that the task required to provide the information does not exceed what the Supreme Court has described as a basic or general reprocessing; all the more so given that the claimant introduces in her application the possibility of having the information delivered to her (in case it is not possible or entails any kind of reprocessing) as held by the entity, so that it is not necessary to carry out a fundamental reprocessing of the data that is available.
As regards the alleged abusive nature of the request for access, none of the subjective and objective conditions established by the Supreme Court as a prerequisite for justifying the case of non-admission provided for in Article 18.1.e) LTAIBG are observed. Neither is there an excess in the conduct devoid of serious and legitimate purpose, with the will to harm or orphan legitimate interest, nor is there an excess in the exercise of the right that can be described as abnormal, taking into consideration, also, that this same request has been satisfied on other occasions.