A citizen sent a request for access to information to the Polytechnic University of Madrid (UPM) by virtue of which he requested a copy of a specific doctoral thesis.
The University did not answer the request for access to the information raised.
The Council of Transparency and Good Government considered the claim raised and therefore declared the right of access to information of the citizen since the purpose of the claim (a doctoral thesis) is configured as public information for the purposes of the law of transparency, in the procedure of elaboration of doctoral theses one of its structuring notes is advertising, there is no limit related to the LOPD, and finally, the moral or exploitation rights of the author are not affected.
The Central Court of Administrative Litigation No. 1, by judgment of March 21, 2018, partially estimated the appeal filed and, consequently, agreeing to the retroaction of the procedure so that the Council of Transparency and Good Government grants hearing to the author of the doctoral thesis.
